New South Wales Consolidated Acts

LANDLORD AND TENANT (AMENDMENT) ACT 1948 - SECT 32B

32B Rent of premises partly decontrolled

(1) Where any premises that form part of other premises cease at any time to be prescribed premises, the rent and the fair rent payable in respect of the prescribed premises, if any, that form the remaining part of those other premises and that are the subject of a lease that does not include any other premises shall, after that time, be the rent that was properly payable in respect of those prescribed premises immediately before that time until the fair rent of those prescribed premises is determined or varied under this Part or is fixed by virtue of an agreement made under subsection (3) of section 17A.

(2) Where any premises that form part of other premises cease at any time to be prescribed premises and those other premises are the subject of a lease to a lessee who has sub-let those other premises or any part or parts of those other premises, the rent and the fair rent payable in respect of those other premises shall, after that time, be the rent that was properly payable in respect of those other premises immediately before that time until:

(a) the fair rent of the part of those other premises that consists of prescribed premises is determined under this Part or is fixed by virtue of an agreement made under subsection (3) of section 17A, and

(b) the rent of the part of those other premises that does not consist of prescribed premises is fixed by agreement between the lessor and the lessee.

(3) Where the rent of any premises referred to in subsection (2), as fixed under that subsection, ceases to be the rent of the premises by reason of paragraphs (a) and (b) of that subsection, the lease of the premises shall be deemed to be:

(a) a lease of the part of the premises that consists of prescribed premises, at the rent determined or fixed in the manner referred to in paragraph (a) of that subsection, and

(b) a lease of the part of the premises that does not consist of prescribed premises, at the rent fixed by an agreement as referred to in paragraph (b) of that subsection.

(4) Where the rent of any premises referred to in subsection (2), as fixed under that subsection, does not cease to be the rent of the premises by reason of paragraphs (a) and (b) of that subsection and the lessor of the premises determines the lease of the premises in so far as the lease applies to the part of the premises that does not consist of prescribed premises, the rent and the fair rent of the part of the premises that consists of prescribed premises shall, after the lease is so determined, be the rent that was properly payable in respect of the whole of the premises unless that rent has been or is determined under this Part or fixed by virtue of an agreement made under subsection (3) of section 17A.

(5) The provisions of this section do not apply so as to fix the rent of any premises (including prescribed premises) referred to in subsection (1) or (2) that are the subject of a lease for a fixed term but the rent of any such premises shall, notwithstanding any other provision of this Act, be, while the lease remains in force:

(a) where the rent was fixed by a determination made before the twenty-sixth day of November, one thousand nine hundred and sixty-eight, and in force immediately before that day-the rent fixed by that determination, or

(b) where the rent payable immediately before that day was fixed under section 17A-that rent,

or if the contractual rent provided for from time to time by the lease is greater than the rent referred to in paragraph (a) or (b), that contractual rent.

(6) This section shall extend in relation to premises (including prescribed premises) together with goods leased therewith, and any reference in this section to premises (including prescribed premises) shall, so far as applicable, include a reference to premises (including prescribed premises) together with goods leased therewith.