New South Wales Consolidated Acts

LANDLORD AND TENANT (AMENDMENT) ACT 1948 - SECT 24A

24A Determination based on increased out-goings

(1) This section applies to any prescribed premises, other than shared accommodation, the fair rents of which are fixed by a determination.

(2) The lessor of any prescribed premises to which this section applies may make application in writing:

(a) where the premises are situated within, or partly within and partly outside, the Metropolitan Area-to the Director-General, or

(b) where the premises are situated wholly outside the Metropolitan Area-to the clerk of the Fair Rents Board nearest to the premises,

for an increase in the fair rent of the premises pursuant to the provisions of this section.

(3) The Director-General or the clerk of the Fair Rents Board, as the case may be, shall thereupon make an assessment of the fair rent of the premises by adding to the existing fair rent thereof, calculated on an annual basis, a reasonable allowance for any increase in the rate of interest charged upon overdrafts by the Commonwealth Trading Bank of Australia and the amount by which he or she is satisfied that the lessor’s liability in respect of such premises and fixtures thereon for annual rates and insurance premiums and agent’s collecting commission and for the annual costs of repairs, maintenance and renewals has increased since:

(a) the date of the last determination of the fair rent of the premises, or

In the application of the foregoing provisions of this subsection to and in respect of premises to which this section applies “rates” includes land tax payable in respect of the premises by the lessor under the Land Tax Management Act 1956 and the Land Tax Act 1956 , or any Act amending or replacing any such Act, or where such land tax is payable by the lessor in respect of the premises together with other lands the land tax which would be payable were the premises the only land in respect of which the lessor was liable for any such land tax.
In making an assessment of the fair rent of any prescribed premises under this section, the Director-General shall not make any allowance for any increase in the rate of interest charged upon overdrafts by the Commonwealth Trading Bank of Australia in excess of such percentage of the capital value of the prescribed premises at the prescribed date referred to in subsection (4) of section 20 as is equal to the difference between the rate per centum of interest charged upon overdrafts by the Commonwealth Bank of Australia, or the Commonwealth Trading Bank of Australia, as the case may be, at the date on which the existing fair rent was determined under this Part and the rate per centum of interest charged upon overdrafts by the Commonwealth Trading Bank of Australia at the date of the assessment.

(4)

(a) Notice of the fair rent so assessed shall be given in writing by the Director-General or the clerk of the Fair Rents Board, as the case may be, to the lessee of the premises.
The fair rent so assessed may be expressed on a weekly basis or on such other basis as the Director-General or the clerk of the Fair Rents Board, as the case may be, may determine.

(b) Such notice shall specify a date not less than twenty-eight days from the date on which the notice is given before which objection to the fair rent so assessed may be lodged with the Director-General or the clerk of the Fair Rents Board, as the case may be, by the lessee of the premises.

(5)

(a) If no such objection is lodged with the Director-General or the clerk of the Fair Rents Board, as the case may be, before the date so specified:

(i) the rent specified in the notice of assessment shall, as from the date so specified and until varied in pursuance of this Part, be the fair rent and the rent of the premises in all respects as if the same had been determined by a Fair Rents Board in accordance with this Part,

(ii) notice that the rent specified in the notice of assessment is to be the fair rent and the rent of the premises as from the date so specified shall be given by the Director-General or the clerk of the Fair Rents Board, as the case may be, to the lessor and lessee of the premises.

(b) If any such objection is lodged with the Director-General or the clerk of the Fair Rents Board, as the case may be, before the date so specified, the Director-General or the clerk of the Fair Rents Board, as the case may be, shall refer the lessor’s application to the Fair Rents Board nearest to the premises.

(6) Any application made to the Director-General or the clerk of a Fair Rents Board, as the case may be, pursuant to subsection (2) may, notwithstanding the provisions of subsection (3), at any time be referred by him or her of his or her own motion to the Fair Rents Board nearest to the prescribed premises.

(7) Any reference to a Fair Rents Board under paragraph (b) of subsection (5) or under subsection (6) shall be deemed to be:

(a) where the fair rent of the premises has been previously fixed by a determination-an application by the lessor to that Fair Rents Board pursuant to section 32 for a variation of the last determination may be made at any time notwithstanding the provisions of that section,

and shall be dealt with accordingly.

(8) Notwithstanding anything contained in subsection (2) of section 32, application may be made at any time to vary a determination of the fair rent of any prescribed premises made by the Director-General or the clerk of the Fair Rents Board and having effect pursuant to subsection (5) as a determination made by a Fair Rents Board.