South Australian Consolidated Acts

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HOUSING IMPROVEMENT ACT 1940 - SECT 59

59—Penalty for making sale of furniture a condition of letting

        (1)         A person shall not, in consideration of the grant, renewal or continuance of a tenancy of a house in respect of which a notice fixing the maximum rental thereof is in force under this Part, require the purchase of any furniture and any agreement for any such purchase shall be void. Any person who whether as principal or agent or in any other capacity makes it a condition of the grant, renewal or continuance of the tenancy of any such house that the tenant shall purchase any furniture shall be guilty of an offence against this Act.

        (2)         A person shall not, in consideration of the grant, renewal or continuance of a tenancy of a house in respect of which a notice fixing the maximum rental thereof is in force under this Part, require the payment of any fine, premium, or other like sum in addition to the rent and any person who whether as principal or agent or in any other capacity requires the payment of any such fine, premium, or other like sum shall be guilty of an offence against this Act.

        (2a)         Any person who whether as principal or agent or in any other capacity pays, gives, or recovers any consideration for obtaining or making available a key of any house in respect of which a notice fixing the maximum rental thereof is in force under this Part, shall be guilty of an offence against this Act.

        (3)         Any amount paid by way of any such purchase of furniture, or by way of any such fine, premium, or sum, or for obtaining or making available any such key, shall be recoverable by the person by whom it was paid from the person to whom it was paid, and may, without prejudice to any other method of recovery, be deducted from any rent payable in respect of the house by the person first-mentioned in this subsection to the person second-mentioned in this subsection.



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