New South Wales Consolidated Acts

LANDLORD AND TENANT (AMENDMENT) ACT 1948 - SECT 62B

62B Power to assign certain tenancies at will

(1)

(a) The Local Court may, in relation to prescribed premises (not being premises used solely as a dwelling-house), on application in that behalf made by a person who is, and has been since the commencement of the Landlord and Tenant (Amendment) Act 1952 , a lessee at will of the premises, authorise the applicant to transfer his or her lease at will to a person named in the application, if the court is satisfied:

(i) that the lessee has offered to surrender his or her lease at will on the condition that the lessor grant a lease of the premises on reasonable terms and conditions to the person named in the application and that the lessor has unreasonably refused to grant such a lease, and

(ii) that the lessor has not offered to pay to the lessee a fair and reasonable price for his or her lease (including the goodwill of any business carried on by the lessee upon the premises).

(b) The transferee under any transfer of a lease at will of prescribed premises made pursuant to an authority granted under paragraph (a) shall, as from the date upon which the transfer takes effect, be deemed to have become the lessee at will of the premises from the person who immediately before that date was the lessor under the lease at will so transferred upon the same terms and conditions as the terms and conditions (as in force immediately before the transfer took effect) of the lease at will so transferred.

(2)

(a) Any party to any proceedings in the Local Court under subsection (1) may appeal to the District Court against the decision of the Local Court given in those proceedings granting or refusing an authority of the nature referred to in that subsection.

(b) The appeal shall be by way of rehearing and shall be made in accordance with rules of court.

(3) In this section the expression “premises used solely as a dwelling-house” does not include premises which are sub-let in whole or in part by the lessee, with the express or implied consent of the lessor, in the course of the lessee’s business of sub-letting for residential purposes.