New South Wales Consolidated Acts

LANDLORD AND TENANT ACT 1899

- As at 31 January 2011
- Act 18 of 1899

TABLE OF PROVISIONS

           Long Title

   PART 1A - PRELIMINARY

   1.      Name of Act
   1A.     Definition of “land”
   1B.     Exclusion of certain agreements from operation of Act
   1C.     Notes
   2.      Schedule A

   PART 1 - GENERAL

   2AA.    No taking possession of dwelling-house without court sanction
   2A.     Restrictions upon recovery of possession
   2B.     Spouse’s tenancy rights on separation or desertion
   2C.     Application of Act where part of demised land is prescribed premises
   2D.     (Repealed)
   3.      Recovery of land may be refused in cases of retaliatory eviction
           4-6. (Repealed)

   PART 2 - TENEMENTS RECOVERY IN THE SUPREME COURT

   6A.     Definitions of “tenancy”, “landlord” and “tenant”
   7.      Tenants to give notice to landlord of proceedings for possession
   8.      Proceedings for possession
   9.      In proceedings for relief against forfeiture payment into Court of rent, arrears and costs may be ordered
   10.     Before judgment, Court may stay proceedings for possession on payment of all rent and costs
   11.     (Repealed)
   12.     Recovery of mesne profits in proceedings for possession
   13.     (Repealed)
   14.     Saving of former remedies
   15.     (Repealed)

   PART 3 - (Repealed)
   None

   PART 4 - TENEMENTS RECOVERY BEFORE LOCAL COURT

   21A.    Minister entitled to be represented in proceedings under this Part
   22.     Definition
   22A.    Special provisions applicable to Part 4
   23.     Possession of tenements may be recovered before Magistrate
   24.     Power of Local Court to suspend proceedings on adjudication for one month
   25.     Mode of service of summons
   26.     Execution of warrant to be suspended on security to defend an action for recovery of land
   27.     Bond to be approved and certified by Magistrate
   28.     Protection of Magistrates, constables etc
   29.     Where landlord’s title good not to be deemed a trespasser, but be liable by action for damages for any irregularity
   30.     Act not to protect persons who have no legal right
   31.     Conduct of proceedings where no express provision
   32.     Power of amendment
   33.     Forms
           PARTS 5, 6 - (Repealed)
           None
           SCHEDULE 1
           Schedules B-N - (Repealed)