Tenancy Amendment Act (No. 2) 1953
Tenancy Amendment Act (No. 2) 1953
Tenancy Amendment Act (No. 2) 1953
Tenancy Amendment Act (No. 2) 1953
Public Act |
1953 No 47 |
|
Date of assent |
12 November 1953 |
|
Contents
An Act to amend the Tenancy Act 1948.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title.
1948, No. 76
This Act may be cited as the Tenancy Amendment Act (No. 2) 1953, and shall be read together with and deemed part of the Tenancy Act 1948 (hereinafter referred to as the principal Act).
2 Premiums may be taken into account in fixing fair rent of properties.
1953, No. 8
(1)
Section nine of the principal Act (as amended by section two of the Tenancy Amendment Act 1953) is hereby further amended by inserting, after subsection three a, the following subsection:
“(3b)
On the hearing of any application to fix the fair rent of any property under this section, the amount of any premium paid or payable in consideration of the grant or renewal of the tenancy may be taken into account to the extent that the Court deems fair and equitable, having regard to the conditions of the tenancy.”
(2)
This section shall not apply where the premium was paid before the passing of this Act.
Repeal.
(3)
Section twenty of the principal Act is hereby repealed.
3 Fair rents to be assessed separately when property and dwellinghouse let together.
Section nine of the principal Act is hereby amended by adding the following subsection:
“(5)
Where a property and a dwellinghouse are for the time being let under the same tenancy, the fair rent of the property and the fair rent of the dwellinghouse shall be determined separately, and the sum of the separate rents shall be deemed to be the fair rent of the premises let under the tenancy.”
4 Duration of agreement fixing fair rent.
Section sixteen of the principal Act is hereby amended by omitting from subsection one the words “while the agreement remains in force”
.
5 Recovery of possession of dwellinghouse for landlord’s aged parents.
(1)
Section twenty-four of the principal Act is hereby amended by inserting in subsection one, after paragraph (e), the following paragraph:
“(ee)
In the case of a dwellinghouse that forms part of the same building as a dwellinghouse occupied by the landlord, that the premises are reasonably required by the landlord to enable the aged parents or parent of the landlord or of the wife or husband of the landlord to live with the landlord or (where the landlord is an aged parent) to enable a son or daughter or son-in-law or daughter-in-law of the landlord to live with the landlord:”
1950, No. 28
(2)
Section thirty of the principal Act (as amended by subsection three of section eight and subsection two of section nineteen of the Tenancy Amendment Act 1950) is hereby further amended as follows:
(a)
By inserting in subsection one, after the word “paragraphs”
, the expression “(ee)”
:
(b)
By omitting the words “beneficiary, employee, or purchaser”
where they first occur in subsection one, and substituting the words “other person represented as requiring possession”
:
(c)
By omitting the words “landlord, beneficiary, employee, or purchaser”
where they occur in subsection one and in the proviso thereto, and substituting in each case the words “landlord or other person represented as requiring possession”
.
1950, No. 28
(3)
The Tenancy Amendment Act 1950 is hereby consequentially amended by repealing paragraph (b) of subsection three of section eight and paragraph (b) of subsection two of section nineteen.
6 Recovery of possession by administrator of deceased landlord to wind up estate.
(1)
Section twenty-four of the principal Act (as amended by paragraph (b) of subsection one of section nineteen of the Tenancy Amendment Act 1950) is hereby further amended by adding to subsection one the following paragraph:
1952, No. 56
“(n)
That the landlord is the administrator within the meaning of the Administration Act 1952 of the estate of the deceased former landlord, and that the premises are reasonably required by the landlord for sale for the purpose of distributing the estate:”.
(2)
Section twenty-four of the principal Act (as amended by section ten of the Tenancy Amendment Act 1950) is hereby further amended by adding the following subsection:
“(6)
Subsection two of this section shall not apply to any application for an order on the ground specified in paragraph (n) of subsection one of this section.”
(3)
Section twenty-five of the principal Act is hereby amended by inserting in subsection two, after the words “or in paragraph (m)”
, the words “or in paragraph (n)”
.
(4)
Section nineteen of the Tenancy Amendment Act 1950 is hereby consequentially amended by repealing paragraph (b) of subsection one.
7 Recovery of possession of dwellinghouse or property for removal to another site.
Section twenty-four of the principal Act is hereby amended by adding to paragraph (m) of subsection one the words “or for removal to another site”
.
8 Recovery of excess land for sale for building purposes.
Section twenty-six of the principal Act is hereby amended by adding to paragraph (b) of subsection two the words “or for sale for building purposes”
.
9 Notice to be served on Rents Officer of application for authorizing order for letting of premises after possession recovered for landlord’s own occupation.
Section thirty of the principal Act is hereby amended by adding the following subsection:
“(5)
A copy of every application for an authorizing order under subsection four of this section shall, at least seven clear days before the day fixed for the hearing, be posted or delivered by or on behalf of the applicant to the office of the Rents Officer nearest to the Court in which the application is made. A Rents Officer may appear and be heard, adduce evidence, and examine and cross-examine witnesses on any such application.”
10 Part III not to apply to leases of properties for five years or more.
1950, No. 28
The principal Act is hereby amended by inserting, after section forty-eight d (as inserted by section six of the Tenancy Amendment Act 1950), the following section:
“48e
Where an agreement has been entered into at any time after the commencement of this section for the letting of any property for a term of not less than five years, Part III and sections forty-one, forty-two, and forty-three of this Act shall not apply to the premises or to any part thereof in respect of that tenancy.”
11 Principal Act not to apply to new flats.
The principal Act is hereby amended by inserting, after section forty-eight e (as inserted by the last preceding section), the following section:
“48f
“(1)
Where a building comprising two or more self-contained flats is erected after the date of the commencement of this section, this Act shall not apply to the building or to any of the flats comprised in it in respect of any tenancy for which an agreement is entered into after that date.
“(2)
Where a building is converted into two or more self-contained flats after the date of the commencement of this section, this Act shall not apply to the building or to any of the flats comprised in it in respect of any tenancy for which an agreement is entered into after that date.
“(3)
For the purposes of this section—
“(a)
A building shall be deemed to be erected or converted when the erection or conversion is completed:
“(b)
A flat shall be deemed to be self-contained notwithstanding that the tenant may have a right to the use, in common with any other person, of any other part of the building for the purposes of access or rubbish disposal or for laundry purposes.”