New South Wales Consolidated Acts

LANDLORD AND TENANT ACT 1899 - SECT 22A

22A Special provisions applicable to Part 4

For the purposes of this Part and notwithstanding anything in such Part contained:

(a) Proof of the payment by any person of rent in respect of any land shall give rise to a conclusive presumption:

(i) of the existence of a tenancy in respect of such land, and

(ii) that such person holds such land as tenant of the person to whom or to whose agent such rent is paid, and

(iii) that the person to whom or to whose agent such rent is paid is the landlord of whom such tenant holds such land.

(b) Any tenancy the existence of which is so presumed shall, in the absence of proof to the contrary, be deemed to be a tenancy determinable at the will of either of the parties:

(i) by one week’s notice in writing in any case in which the rent is paid or payable in respect of weekly intervals,

(ii) by one month’s notice in writing in any other case.

(c) A warrant issued under this Part may be executed not only against the person against whom the information was exhibited but also against every person claiming under him or her who is in actual occupation of the land or any part thereof.
A person who became the occupier of the land or any part thereof, under a tenancy held of the person against whom the information was exhibited and whose occupancy is referable to such tenancy, shall be deemed to claim under the person against whom the information was exhibited whether or not such tenancy has expired or otherwise been determined.

(d) Where a landlord has conveyed to a purchaser the land the subject of a tenancy, a notice in writing of such fact, signed by the landlord or his or her solicitor, specifying the name of the purchaser and directing the tenant to pay all future rents to such purchaser, served upon the tenant of such land, shall be deemed to operate as an attornment as tenant to such purchaser by such tenant at the rent and subject to the stipulations, agreements and conditions of such tenancy subsisting at the date of service of such notice.
Such notice may be served either personally or by leaving the same for the tenant at any occupied house or building which is or which is part of the land or by properly addressing, prepaying and posting a letter containing the notice, and where so served by the post the service shall be deemed to have been effected at the time at which the letter would be delivered in the ordinary course of post.

(e) A notice to quit or a notice of intention to quit may expire at any time provided the length of the notice required by law or by the agreement of the parties is given, notwithstanding that the date indicated in the notice as the date upon which possession is to be given, does not coincide with the last day of a period of the tenancy.