New South Wales Consolidated Acts

LANDLORD AND TENANT (AMENDMENT) ACT 1948 - SECT 31

31 Procedure on appeal

(1) The Board shall hear the appeal and shall, having regard to the provisions of subsection (5) of section 27, confirm the determination of the Director-General and dismiss the appeal, or shall determine the fair rent at such amount as, in the opinion of the Board, shall have been determined by the Director-General under the provisions of this Division.

(1A) Subject to subsection (4) of section 30 where on the hearing of the appeal the Board is of opinion that the Director-General had no power or authority to make the determination purporting to have been made it may so find and the determination shall thereupon be quashed and shall be deemed never to have had any force or effect.

(2) On the hearing of the appeal the Board shall make a thorough investigation without regard to legal forms or solemnities, and shall not be bound by any rules of evidence, but may inform itself in such manner as it thinks fit.

(3) The determination of the Board shall have effect from and including the date fixed by the Board, but the date so fixed shall not be earlier than the date upon which the application for a determination was received in the office of the Director-General or, in any case in which the Director-General has caused any shared accommodation to be inspected pursuant to subsection (3) of section 27, not be earlier than the date of such inspection.

(4) Where any fair rent has been determined in pursuance of this section it shall, as from the date fixed under subsection (3):

(a) where that rent is so determined in respect of prescribed premises without goods:

(i) be the fair rent and the rent of the prescribed premises without goods until it is varied in pursuance of this Part, and

(ii) unless a fair rent is also fixed or determined by or under this Part in respect of the premises together with goods, be the fair rent and the rent of the prescribed premises together with goods until a determination has been made in respect of those premises together with goods,

(b) where that rent is so determined in respect of prescribed premises together with goods:

(i) be the fair rent and the rent of the prescribed premises together with goods until it is varied in pursuance of this Part, and

(ii) unless a fair rent is also fixed or determined by or under this Part in respect of the premises without goods, be the fair rent and the rent of the prescribed premises without goods until a determination has been made in respect of those premises without goods.

(5) The Board shall furnish a copy of its determination to the Director-General.