Substandard Housing Control Act 1973
An Act to make provision for the control of the rents payable in respect of certain substandard housing and for matters connected therewith
[Royal Assent 22 January 1974]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
This Act may be cited as the Substandard Housing Control Act 1973 .
[Section 2 Subsection (1) amended by No. 29 of 1977, s. 5 and Sched. 1 ][Section 2 Subsection (1) amended by No. 19 of 1980, s. 171 and Sched. 1 ][Section 2 Subsection (1) amended by No. 24 of 1983, s. 4 and Sched. 1 ](1) [Section 2 Subsection (1) amended by No. 82 of 1975, s. 2 ]In this Act unless the contrary intention appears –controlled house means a house that is a controlled house by virtue of section 5 ;controlled tenancy means a tenancy of a controlled house;declared substandard house means a house that has been declared a substandard house under section 4 (6) and has not, under section 7 , ceased to be such a house;Director means the Director of Housing;house means a building, or any part of a building, that is used or intended to be used as a dwelling, and includes any yard, garden, outbuildings, and appurtenances belonging thereto or usually enjoyed therewith;landlord, when used in relation to a tenancy, means a person who, whether in his own right or as trustee or agent for any other person, receives or is entitled to receive the rent payable in respect of that tenancy;notice of intention has the meaning assigned to that expression by section 4 (1) ;owner, in relation to any house, means a person, other than a mortgagee not in possession, who is entitled (otherwise than as agent for any other person) to receive the rent of the house or any part thereof or, if the house or that part is not let at a rent, would be so entitled if it were so let;Recorder means the Recorder of Titles;registered mortgagee means the person having a mortgage or incumbrance (within the meaning of the Land Titles Act 1980 ) over any land, being a mortgage or incumbrance that is registered under that Act or the Registration of Deeds Act 1935 ;relevant date, in respect of a controlled house, means –(a) where the notice of intention is withdrawn, the date on which the notice is withdrawn; and(b) where the house ceases to be a substandard house, the date on which it ceases to be a substandard house;rent, when used in relation to a tenancy of any premises, includes any amount payable by the tenant to the landlord –(a) for the use of any furniture, fittings, or other articles pertaining to the premises;(b) for the purpose of the repair, renovation, or improvement of the premises; or(c) for the supply to, or the provision for use on, the premises of electricity or gas, or of water, fuel, or other domestic commodity, or of any domestic service.(2) References in this Act to a house, a substandard house, or a controlled house shall, unless the context otherwise requires, be construed as including references to any part thereof.(3) [Section 2 Subsection (3) omitted by No. 82 of 1975, s. 2 ]. . . . . . . .
PART II - Rent Control of Substandard Housing
Division 1 - Declaration of houses as substandard
(1) [Section 3 Subsection (1) substituted by No. 96 of 1993, s. 252 and Sched. 1 ]Regulations under this Act, in respect of houses generally or types, classes or descriptions of houses, may prescribe requirements in relation to any one or more of the following matters:(a) condition and state of repair;(b) maintenance of drainage, sanitation, ventilation (including sub-floor ventilation), lighting and cleanliness;(c) maintenance of water supply, bathing facilities and sanitary conveniences;(d) provision of cooking and clothes washing facilities;(e) freedom from infestation by vermin and rats;(f) any other matter affecting the comfort or health of the inhabitants.(2) A house that does not comply with any standard or requirement prescribed under subsection (1) shall, for the purposes of this Act, be regarded as undesirable for human habitation or unfit for human habitation, but (whether or not any regulations have been made for the purposes of this section) nothing in this section shall be construed as preventing a house from being regarded as undesirable for human habitation or unfit for human habitation for any other reason.
4. Declaration of houses as substandard
[Section 4 Substituted by No. 82 of 1975, s. 3 ][Section 4 Subsection (1) amended by No. 24 of 1983, s. 4 and Sched. 2 ](1) [Section 4 Subsection (1) amended by No. 29 of 1977, s. 5 and Sched. 1 ]Where the Director is satisfied that a house does not conform to the standards prescribed by regulations made under section 3 or is, in the opinion of the Director, otherwise undesirable or unfit for human habitation, he may serve a notice (in this Act referred to as a "notice of intention") in writing on the interested parties –(a) specifying works or other operations that need to be carried out in order that the house shall comply with those standards and be fit for human habitation; and(b) fixing the maximum rental payable in respect of that house in accordance with his assessment thereof.(2) [Section 4 Subsection (2) amended by No. 29 of 1977, s. 5 and Sched. 1 ]Where the Director serves a notice under subsection (1) he shall cause the notice to be registered in accordance with section 8A .(3) [Section 4 Subsection (3) amended by No. 29 of 1977, s. 5 and Sched. 1 ]The Director may at any time withdraw a notice of intention, and on that notice being so withdrawn it ceases to be of any further effect.(4) [Section 4 Subsection (4) amended by No. 29 of 1977, s. 5 and Sched. 1 ]Where the Director withdraws a notice of intention he shall, in accordance with section 8A , serve notice on the Recorder that the notice has been withdrawn.(5) [Section 4 Subsection (5) amended by No. 29 of 1977, s. 5 and Sched. 1 ]Where the works or other operations specified in a notice of intention served in respect of a house are carried out, the owner may serve on the Director a notice of completion and if the Director is satisfied with those works or operations he shall withdraw the notice of intention.(6) [Section 4 Subsection (6) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] [Section 4 Subsection (6) amended by No. 29 of 1977, s. 5 and Sched. 1 ]Where any person served with a notice of intention fails within 30 days of the service of the notice, or such further time as the Director may allow, to carry out the works or operations specified in the notice or such other works as may be agreed upon between that person and the Director or having applied for a review and the decision of the Director having been affirmed the Director may by notice registered in accordance with section 8A declare the house in respect of which the notice is served to be a substandard house and he shall serve copies of the notice so registered on the interested parties.(7) [Section 4 Subsection (7) amended by No. 29 of 1977, s. 5 and Sched. 1 ][Section 4 Subsection (7) substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] If a decision to issue a notice is not affirmed under section 8 , the Director, in accordance with section 8A , is to serve notice on the Recorder that the decision to issue a notice has not been affirmed.(8) For the purposes of this section any owner or registered mortgagee of a house, or any part thereof, is in relation to that house an interested party.
5. House to become controlled house upon service of notice of intention
[Section 5 Substituted by No. 82 of 1975, s. 4 ](1) On the registration in accordance with section 8A of a notice of intention in respect of a house, the house becomes a controlled house and remains so until it ceases to be a controlled house by virtue of subsection (2) .(2) Where –whichever is the earlier.(a) in respect of a controlled house the notice of intention is withdrawn; or(b) a declared substandard house ceases to be such by virtue of section 7 –the house ceases to be a controlled house –(c) at the expiration of 6 months after the relevant date; or(d) when the tenant of his own volition vacates the house after the relevant date –
[Section 6 Subsection (1) amended by No. 29 of 1977, s. 5 and Sched. 1 ][Section 6 Subsection (1) amended by No. 24 of 1983, s. 4 and Sched. 2 ][Section 6 Subsection (2) amended by No. 29 of 1977, s. 5 and Sched. 1 ][Section 6 Subsection (2) amended by No. 24 of 1983, s. 4 and Sched. 2 ](1) [Section 6 Subsection (1) amended by No. 82 of 1975, s. 5 ]On the application of the owner of a house and on payment of the prescribed fee the Director, if he is satisfied that at any time the house is neither undesirable for human habitation nor unfit for human habitation, shall issue his certificate to that effect.(2) [Section 6 Subsection (2) amended by No. 82 of 1975, s. 5 ]Where a certificate has been issued under this section in respect of a house no notice of intention shall be served in respect of that house unless, by reason of conditions or circumstances that have arisen after the date on which the certificate was so issued, the Director is satisfied that the house has become undesirable for human habitation or unfit for human habitation.
7. Houses ceasing to be substandard
(1) [Section 7 Subsection (1) amended by No. 82 of 1975, s. 6 ][Section 7 Subsection (1) amended by No. 29 of 1977, s. 5 and Sched. 1 ][Section 7 Subsection (1) amended by No. 24 of 1983, s. 4 and Sched. 2 ]Where the Director, on application of the owner or otherwise, is satisfied that a declared substandard house is no longer a house that is undesirable for human habitation or unfit for human habitation he shall issue a certificate declaring that the house has ceased to be a substandard house.(2) [Section 7 Subsection (2) substituted by No. 82 of 1975, s. 6 ][Section 7 Subsectin (2) amended by No. 29 of 1977, s. 5 and Sched. 1 ][Section 7 Subsection (2) amended by No. 24 of 1983, s. 4 and Sched. 2 ]Where the Director issues a certificate under subsection (1) he shall serve notice on the Recorder that the notices previously registered under this Act in respect of the land to which the certificate relates are cancelled and on the Recorder making the necessary entries in the register book consequent upon the notice the house ceases to be a substandard house.
[Section 8 Substituted by No. 82 of 1975, s. 7 ][Section 8 Subsection (1) amended by No. 24 of 1983, s. 4 and Sched. 2 ][Section 8 Subsection (1) amended by No. 29 of 1977, s. 5 and Sched. 1 ][Section 8 Substituted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] Where any person is aggrieved –that person may apply to the Magistrates Court (Administrative Appeals Division) for a review of the notice or refusal.(a) by the service of a notice of intention on that person under section 4 (1) ; or(b) by the refusal of the Director to withdraw a notice of intention in accordance with section 4 (5) ; or(c) by the refusal of the Director to issue a certificate declaring that that person's house has ceased to be a declared substandard house under section 7 (1) –
[Section 8A Inserted by No. 82 of 1975, s. 8 ](1) The provisions of Schedule 1 have effect in relation to the registration of notices under this Part and with respect to the withdrawal, quashing, or cancellation of those notices.(2) [Section 8A Subsection (2) amended by No. 19 of 1980, s. 171 and Sched. 1 ]Nothing in section 40 of the Land Titles Act 1980 shall be construed as affecting the validity of any notice or certificate under this Part or as prejudicing or affecting the operation of any such notice or certificate.
Division 1A - Fixing of maximum rental[Division 1A Inserted by No. 82 of 1975, s. 9 ]
8B. Maximum rental in respect of a controlled house
[Section 8B Inserted by No. 82 of 1975, s. 9 ][Section 8B Subsection (1) amended by No. 24 of 1983, s. 4 and Sched. 2 ](1) [Section 8B Subsection (1) amended by No. 29 of 1977, s. 5 and Sched. 1 ]The maximum rental payable in respect of a controlled house is the maximum rental fixed by the Director in the notice of intention served in respect of the house under section 4 (1) unless another maximum rental is fixed for the house in accordance with subsection (2) .(2) [Section 8B Subsection (2) amended by No. 29 of 1977, s. 5 and Sched. 1 ]The landlord and the Director may, after the relevant date, agree to a maximum rental other than the maximum rental payable in respect of a controlled house under subsection (1) and any rental so agreed upon shall be the maximum rental payable in respect of the house as from the date specified in the agreement fixing the maximum rental.(3) [Section 8B Subsection (3) amended by No. 29 of 1977, s. 5 and Sched. 1 ]Except as may be otherwise agreed upon by the landlord and the Director, the maximum rental for a part of a controlled house shall be a rental of an amount that bears to the amount of the maximum rental so fixed for the whole of that house the same proportion as the number of rooms in that part of the house bears to the number of rooms in the whole of the house; and for the purposes of this subsection rooms not used as living rooms or for sleeping shall be disregarded.(4) The maximum rental fixed in respect of a controlled house may include payment for the use of furniture.(5) [Section 8B Subsection (5) amended by No. 29 of 1977, s. 5 and Sched. 1 ]Where the landlord disputes the maximum rental fixed by the Director in accordance with section 4 (1) in respect of a controlled house or the Director and the landlord fail to agree to a maximum rental under subsection (2) the landlord may apply to the Valuer-General for the Valuer-General's determination of the maximum rental who shall thereupon determine the maximum rental and that rental shall be the maximum rental payable in respect of the house.(6) This section does not apply in respect of the period during which a house is a declared substandard house.
9. Maximum rental for substandard houses
[Section 9 Transposed from Division II to Division IA by No. 82 of 1975, s. 10 ](1) [Section 9 Subsection (1) amended by No. 82 of 1975, s. 10 ][Section 9 Subsection (1) amended by No. 29 of 1977, s. 5 and Sched. 1 ][Section 9 Subsection (1) amended by No. 24 of 1983, s. 4 and Sched. 2 ]The Director may, from time to time, by notice in writing served on the owner, fix a maximum rental for a declared substandard house.(2) No maximum rental shall be fixed under subsection (1) for a part of a declared substandard house unless a rental is so fixed for the whole of that house.(3) Except as may be otherwise fixed under this section, the maximum rental for a part of a declared substandard house shall be a rental of an amount that bears to the amount of the maximum rental so fixed for the whole of that house as the number of rooms in that part of the house bear to the number of rooms in the whole of the house; and for the purposes of this subsection rooms not ordinarily used as living rooms or for sleeping shall be disregarded.(4) [Section 9 Subsection (4) amended by No. 82 of 1975, s. 10 ][Section 9 Subsection (4) amended by No. 29 of 1977, s. 5 and Sched. 1 ][Section 9 Subsection (4) amended by No. 24 of 1983, s. 4 and Sched. 2 ]The Director may by notice in writing served on the owner fix a maximum rental for a tenancy of a declared substandard house that includes payments for the use of furniture, but no maximum rental shall be fixed under this subsection in respect of a part of a declared substandard house unless a maximum rental has been fixed under subsection (1) in respect of that part.(5) A maximum rental fixed under this section shall be fixed as a weekly rental.(6) [Section 9 Subsection (6) substituted by No. 82 of 1975, s. 10 ]A notice under this section takes effect on such day following the service thereof on the owner as may be specified in that behalf in the notice.(7) [Section 9 Subsection (7) amended by No. 29 of 1977, s. 5 and Sched. 1 ][Section 9 Subsection (7) amended by No. 47 of 1977, s. 2 ][Section 9 Subsection (7) amended by No. 24 of 1983, s. 4 and Sched. 2 ]In exercising his powers under this section the Director shall, so far as is practicable, fix maximum rentals which are uniform for declared substandard houses of similar condition and accommodation in the same locality; and, in fixing a maximum rental in respect of any house, he shall take into account the accommodation provided in the house and its state of repair and general condition, and may take into account with respect to the house any of the matters mentioned in section 3 (1) , whether or not any standards or requirements have been prescribed in relation thereto.
Division 2 - Enforcement of rent control[Division 2 Heading amended by No. 82 of 1975, s. 11 ]
10. Furnishing of particulars of maximum rentals
[Section 10 Subsection (1) amended by No. 29 of 1977, s. 5 and Sched. 1 ][Section 10 Subsection (1) amended by No. 24 of 1983, s. 4 and Sched. 2 ](1) [Section 10 Subsection (1) amended by No. 82 of 1975, s. 12 ]On application in writing by any person with respect to a house, and on the payment of the prescribed fee, the Director shall furnish that person with a certificate stating –(a) whether at the date of the certificate any notices served under section 9 are in force in respect of that house; and(b) if so, the maximum rentals fixed pursuant thereto.(2) [Section 10 Subsection (2) amended by No. 82 of 1975, s. 12 ]For the purposes of this section a notice shall be deemed to be in force in respect of a house notwithstanding that it has not yet come into operation; but in respect of such a notice the certificate referred to in subsection (1) shall specify the date on which that notice will come into operation.
11. Rent in excess of maximum irrecoverable
(1) Except in the case of a tenancy to which subsection (2) applies, the maximum rent that is payable under a tenancy of a controlled house, or any part thereof, is the maximum rental fixed for that house, or that part thereof, as the case may be.(2) Where a maximum rental is fixed under section 9 (4) in respect of a tenancy the maximum rent that is payable under that tenancy is the maximum rental so fixed.(3) Notwithstanding any agreement to the contrary the amount by which any rent is in excess of the maximum rent payable is, by virtue of this section, irrecoverable.(4) Where any sum has been paid on account of rent under any tenancy, being a sum that by virtue of this section would have been irrecoverable by the landlord, that sum, or any part of it –(a) may, at any time within 6 months of its payment, be recovered by the tenant by whom it was paid from the landlord to whom it was paid; or(b) may be deducted by that tenant from any rent payable by him under the tenancy during that 6 months.(5) Any sum recoverable from a landlord under this section is so recoverable in a court of competent jurisdiction as a debt due from him.(6) References in this section to a landlord or a tenant shall, respectively, be construed as including a reference to the legal personal representatives of a landlord or a tenant who has died.(7) A person who makes an entry in a rent book or similar document showing or purporting to show a tenant as being in arrear in respect of any sum that by virtue of this section is irrecoverable is guilty of an offence.(8) Except as otherwise expressly provided therein, nothing in this section prejudices or affects the recovery of any debt or the enforcement of any other right.
(1) A person who, whether as principal or agent or otherwise, demands or recovers as rent any sum that, by virtue of section 11 , is irrecoverable is guilty of an offence.(2) A person who is party to a contract or arrangement under which any sum is paid or agreed to be paid to him as rent, being a sum that by virtue of section 11 is irrecoverable, is guilty of an offence.
13. Prohibition on premiums, &c.
(1) A person shall not, as a condition of the grant, renewal, or continuance of a controlled tenancy, require the payment of a premium in addition to rent.(2) For the purposes of this section premium includes any fine or other like sum and any other pecuniary consideration in addition to rent.(3) A person shall not (whether as principal or agent or otherwise) pay, give, or recover any consideration for obtaining or making available a key of a controlled house.(4) A person shall not, as a condition of the grant, renewal, or continuance of a controlled tenancy, require the purchase of any furniture, fittings, or other articles; and any agreement for any such purchase is void.(5) Any sum paid by way of a premium or consideration contrary to this section or so paid in pursuance of a condition or requirement imposed contrary to this section may be recovered from the person by whom, or on whose behalf, it was received and may, without prejudice to any other method of recovery, be deducted from the rent payable under the tenancy in respect of which it was paid.(6) For the purposes of subsection (5) any consideration paid or given as mentioned in subsection (3) shall be deemed to have been so paid or so given in respect of any tenancy of the controlled house granted to the person by, or on whose behalf, that consideration was paid or given.(7) A person who contravenes any provision of this section is guilty of an offence.
14. Display of notice of maximum rental
[Section 14 Subsection (1) amended by No. 24 of 1983, s. 4 and Sched. 2 ](1) [Section 14 Subsection (1) amended by No. 29 of 1977, s. 5 and Sched. 1 ]The Director may, by notice in writing served on the landlord under a controlled tenancy, direct that, during such time as is specified in the notice, the maximum rental fixed under this Act in respect of that tenancy shall be shown prominently displayed on a notice affixed to some part of the premises subject to the tenancy.(2) Where a notice is served under subsection (1) in respect of a tenancy of any premises any landlord under a tenancy of those premises who fails to ensure that the directions contained in the notice are complied with is guilty of an offence.
Division 3 - Receipts and records
(1) A person who, whether as principal or agent or otherwise, receives any payment of rent in respect of a controlled tenancy shall, within 24 hours after the making of that payment, give or cause to be given to the person making the payment a receipt (whether by way of entry in a rent book or by a separate document) for the payment that specifies –(a) the premises in respect of which the payment was made;(b) the amount of the payment; and(c) the period in respect of which it is made.(2) A tenant under a controlled tenancy shall, so long as he remains the tenant under that tenancy, keep the receipts given for the rent paid under that tenancy while he is the tenant; except that nothing in this section requires a receipt to be kept longer than 6 years.(3) A person who fails to comply with this section is guilty of an offence.
(1) A landlord under a controlled tenancy shall keep, or cause to be kept, a record showing the rent received in respect of that tenancy during the last 6 years; and any person who fails to comply with this subsection is guilty of an offence.(2) A person who wilfully makes, or wilfully allows to be retained, in any record showing or purporting to show the amounts of the sums paid on account of rent payable in respect of a controlled tenancy, an entry that is false in a material particular is guilty of an offence.
Division 4 - Security of tenure
17. Avoidance of notice to quit during preliminary proceedings
(1) [Section 17 Subsection (1) substituted by No. 82 of 1975, s. 13 ]Where a house is a controlled house, any notice to quit given by or on behalf of the landlord to any tenant under a tenancy of the house, whether before or after the house became a controlled house, is of no effect unless –(a) the tenant has failed to pay rent in accordance with the conditions of the tenancy; or(b) the notice to quit is or has been confirmed by a magistrate under subsection (2) .(2) [Section 17 Subsection (2) amended by No. 82 of 1975, s. 13 ]On the application of the landlord, a magistrate may, for the purposes of this section, confirm a notice to quit, if he is of opinion that, having regard to the conduct of the landlord and the tenant, it was not given or is not about to be given, as the case may be, in expectation or in consequence of the house becoming a controlled house.(3) [Section 17 Subsection (3) amended by No. 82 of 1975, s. 13 ]Where the notice to quit was given before the house became a controlled house, the notice to quit may be confirmed under this section as having effect on the day it was given.
18. Limitation on orders for possession, &c., of controlled houses
(1) [Section 18 Subsection (1) amended by No. 82 of 1975, s. 14 ]No order or judgment for the recovery of possession of a controlled house, or for the ejectment of a tenant therefrom, shall be made or given so long as the tenant continues to pay the rent (being a rent that is not irrecoverable under this Part) unless –(a) the tenant has –and the court considers it reasonable to make the order or give the judgment;(i) contravened or failed to comply with any condition of the tenancy;(ii) committed waste;(iii) been guilty of conduct that is a nuisance or an annoyance to the occupiers of adjoining or neighbouring premises; or(iv) been convicted of using the premises, or allowing them to be used, for an immoral or unlawful purpose –(b) the tenant, by subletting the house or any part thereof, or by taking in lodgers, is making a profit that, having regard to the rent paid by the tenant, is unreasonable, and the court considers it reasonable to make the order or give the judgment;(c) the premises are required by the landlord for his own occupation or that of his spouse, his parents, or his children or their spouses, or any of those persons;(d) the premises are reasonably required by the landlord for the occupation of some person in his employment, or that of a tenant of his, and the court, after considering all the circumstances of the case, including the availability of other accommodation for the tenant, considers it reasonable to make the order or give the judgment;(e) a contract for the sale of the house had been entered into before the house became a controlled house under which the vendor is obliged to give vacant possession to the purchaser;(f) the tenant has given notice of his intention to quit, and, in consequence thereof, the landlord has entered into a contract for letting the house or has taken other steps as a result of which he would, in the opinion of court, be seriously prejudiced if he could not obtain possession;(g) possession of the house is reasonably required for its alteration or reconstruction to a substantial extent, or for its demolition, and the court is satisfied that greater hardship would be caused by refusing to make the order or give the judgment than otherwise; or(h) the house was let to the tenant as a consequence of his employment by the landlord and he has ceased to be in that employment.(2) The execution of an order or judgment for the recovery of possession of a controlled house or for the ejectment of a tenant therefrom may be stayed or suspended, or the date for possession thereunder may be postponed, for such period as the court thinks fit, either unconditionally or subject to such conditions in regard to the payment by the tenant of rent or mesne profits and otherwise, as the court thinks fit, and if those conditions are complied with the court may, if it thinks fit, discharge or rescind the order or judgment.(3) The powers conferred by subsection (2) may be exercised at any time before the order or judgment has been executed and may be so exercised notwithstanding that the order was made or judgment was given before the house became a controlled house.(4) [Section 18 Subsection (4) amended by No. 29 of 1977, s. 5 and Sched. 1 ][Section 18 Subsection (4) amended by No. 24 of 1983, s. 4 and Sched. 2 ]Where such an order or judgment as is referred to in subsection (1) is made or given on any of the grounds mentioned in paragraph (c) , paragraph (d) , or paragraph (g) thereof any person who, without the consent of the Director –is guilty of an offence.(a) lets the house otherwise than to a person for whose occupation it was required, as mentioned in paragraph (c) or paragraph (d) of that subsection; or(b) lets the house before the purpose for which the order or judgment was made or given under paragraph (g) of that subsection has been carried out –(5) No order for costs shall be made in respect of proceedings for the recovery of possession of a controlled house, or for the ejectment of a tenant therefrom, unless the court is of the opinion that the conduct of a party to the proceedings has been unreasonable, vexatious, or oppressive.(6) Notwithstanding anything in any other Act a warrant for delivery of possession of a controlled house that, apart from this subsection, would remain in force for a fixed period shall remain in force for such further period or periods, if any, as the court may from time to time, whether before or after the expiration of that fixed period, direct.(7) A person who, otherwise than in pursuance of the order of a court, evicts or ejects a tenant from a controlled house is guilty of an offence.
18A. Controlled house not to be relet without consent of Director
[Section 18A Inserted by No. 47 of 1977, s. 3 ][Section 18A Subsection (1) amended by No. 24 of 1983, s. 4 and Sched. 2 ](1) [Section 18A Subsection (1) amended by No. 29 of 1977, s. 5 and Sched. 1 ]Notwithstanding anything in section 18 (1) , but subject to the following provisions of this section, an owner of a controlled house shall not, without the consent in writing of the Director or some person authorized by him, let that house or any part of it or allow it or any part of it to be occupied by any person.(2) This section does not prevent –or the occupation of the house or any part thereof in pursuance of such a tenancy.(a) the continuance of a tenancy subsisting at the time that the house became a controlled house; or(b) the granting of a tenancy for the occupation of the house or any part of it by a person referred to in section 18 (1) (c) –(3) A person who contravenes this section is guilty of an offence.
19. Interference with use or enjoyment of a controlled house
(1) Any person who, without the consent of the tenant of a controlled house, or without reasonable cause (proof whereof shall be on the defendant), causes or allows any interference with the use or enjoyment by the tenant of his occupation of the house is guilty of an offence.(2) References in this section to the use or enjoyment of the occupation of a house shall be construed as including references to the use or enjoyment –(a) of any fittings, furniture, or other goods let therewith or contained therein;(b) of any conveniences usually available to the tenant; and(c) of any service supplied to, or provided in connection with, the house.(3) For the purposes of this section conveniences shall be deemed to be usually available to a tenant where, before their use or enjoyment was interfered with or restricted, he was allowed to use them either at any time or at times specified by the landlord.(4) Where the landlord, or his agent or servant, has been convicted of an offence under subsection (1) , the court may order the landlord to do such things as may be specified in the order to enable the tenant to resume the ordinary use or enjoyment of his occupation of the house.(5) A landlord who refuses or fails to comply with an order made against him under subsection (4) is guilty of an offence.
PART III - Miscellaneous and Supplemental
[Section 19A Inserted by No. 29 of 1978, s. 2 ](1) [Section 19A Subsection (1) amended by No. 24 of 1983, s. 4 and Sched. 2 ]Subject to this section, the Director may delegate to all or any of the prescribed persons his powers, functions, and duties under or by virtue of this Act (except the power of delegation).(2) [Section 19A Subsection (2) amended by No. 24 of 1983, s. 4 and Sched. 2 ]A delegation under this section –(a) shall be by instrument in writing signed by the Director;(b) shall specify the powers, functions, and duties delegated by him; and(c) is revocable at the will of the Director.(3) [Section 19A Subsection (3) amended by No. 24 of 1983, s. 4 and Sched. 2 ]Any power, function, or duty delegated to a prescribed person under this section may be exercised by that person as fully and effectually as by the Director and no such delegation prevents the exercise of any power, function, or duty by the Director.(4) [Section 19A Subsection (4) substituted by No. 24 of 1983, s. 4 and Sched. 1 ][Section 19A Subsection (4) amended by No. 24 of 1984, s. 3 and Sched. 1 ]In this section, prescribed persons means such employees employed in the Department as the Director determines.
20. Works to bring houses up to standard
(1) Notwithstanding any covenant or agreement to the contrary –(a) the owner of a house to which this Act applies may not require any tenant or occupier thereof to execute any works or do any other thing necessary to ensure that the house complies with the standards or requirements prescribed under section 3 , or any of them; and(b) the cost of the execution of those works or the doing of those other things is not recoverable from any such tenant or occupier by the owner.(2) A person who, whether as principal or agent or otherwise, makes it a condition of the grant, renewal, or continuance of a tenancy of a house to which this Act applies that the tenant or occupier shall execute any works, or do any other thing, in relation to that house is guilty of an offence.
21. Sale of substandard houses
(1) [Section 21 Subsection (1) amended by No. 82 of 1975, s. 15 ]An agreement for the sale and purchase of a controlled house is voidable at the option of the purchaser unless the vendor, before the contract was entered into, gave him notice in writing that the house was a declared substandard house or that a notice of intention had been served in respect thereof, as the case may be.(2) [Section 21 Subsection (2) amended by No. 82 of 1975, s. 15 ][Section 21 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ]A person who, with respect to a controlled house, publishes or causes to be published a statement that –is guilty of an offence.(a) is intended or apparently intended to promote the sale or disposal of the house; and(b) does not clearly state that the house is a declared substandard house or that a notice of intention has been served in respect thereof, as the case may be –(3) It is a defence in any proceedings for an offence under subsection (2) for the defendant to show –(a) that he does not hold, and is not entitled to, any estate or interest in the house;(b) that he was not engaging or intending to engage in any negotiations for the sale or disposal of the house; and(c) that he was not aware and could not reasonably have been expected to be aware that the house was a house to which this Act applies.
22. Avoidance of certain agreements
Any contract or arrangement (whether oral or in writing) the purpose or effect of which is either directly or indirectly to defeat, evade, or prevent the operation of this Act is of no effect.
23. Powers of entry and inspection, &c.
(1) An authorized officer may at any reasonable time enter and inspect a house –(a) which he has reason to believe may be undesirable for human habitation or unfit for human habitation; or(b) which is a house to which this Act applies.(2) An authorized officer may require the occupier of any house that he is entitled to enter under subsection (1) or any person who, either directly or indirectly, receives rent in respect of that house to state in writing his interest therein and the name and address of any other person known to him as having an interest therein, whether as freeholder, mortgagee, lessee, or otherwise; and any person who, having been required in pursuance of this section to give any information, refuses or fails to give that information, or knowingly makes any mis-statement in respect thereof, is guilty of an offence.(3) On being required to do so by an authorized officer –and a person who refuses or fails to comply with a requirement made of him under this subsection is guilty of an offence.(a) a tenant under a tenancy shall produce to that officer the receipts required to be kept by him under section 15 ; and(b) a landlord under a tenancy shall produce to that officer the record required to be kept by him under section 16 –(4) [Section 23 Subsection (4) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 23 Subsection (4) substituted by No. 29 of 1984, s. 3 and Sched. 1 ][Section 23 Subsection (4) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary of the Department may appoint State Service officers and State Service employees employed in the Department to be authorized officers for the purposes of this Act.(5) [Section 23 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 23 Subsection (5) added by No. 29 of 1984, s. 3 and Sched. 1 ][Section 23 Subsection (5) amended by No. 5 of 1990, s. 3 and Sched. 1 ]The Secretary of the Department may, with the approval of another Head of a State Service Agency, appoint State Service officers and State Service employees employed in that Agency to be authorized officers for the purposes of this Act, and such officers and employees may hold office as authorized officers in conjunction with State Service employment.
(1) A notice required to be served on any person under this Act may be so served –(a) by delivering it to him personally;(b) by leaving it for him at his usual or last-known place of abode or business with some person apparently over the age of 16 years apparently residing or employed thereat; or(c) by sending it by certified mail addressed to him at his usual or last-known place of abode or business.(2) Where a notice is required to be served under this Act on the owner or mortgagee of any land and that person is absent from the State or his name or address cannot, after reasonable inquiry, be ascertained that notice may be served on any agent or other person in this State to whom any rents or profits in respect of the land are paid or, as the case may be, to whom any payments under the mortgage or incumbrance of the mortgagee are paid.(3) Where it appears impracticable to serve a notice on a person in accordance with the foregoing provisions of this section that notice, instead of being so served, may be advertised 3 times, at intervals of not less than one week between any 2 publications, in some newspaper or newspapers circulating throughout the State; and for the purposes of this subsection the Gazette shall be regarded as such a newspaper and one, but not more than one, of those publications shall be in the Gazette.(4) Any notice required by this Act to be served on the owner or mortgagee of any land is, if due service thereof has been once made on the owner or mortgagee, binding on all persons claiming by, from, or under that owner or mortgagee.
[Section 25 Subsection (1) amended by No. 24 of 1983, s. 4 and Sched. 2 ][Section 25 Subsection (1) amended by No. 67 of 1994, s. 3 and Sched. 1 ](1) [Section 25 Subsection (1) amended by No. 29 of 1977, s. 5 and Sched. 1 ]Without prejudice to the rights of any other person, the Director, or a person authorized by him in that behalf, may take proceedings for offences under this Act.(2) Except as otherwise provided therein, a person guilty of an offence under this Act is liable to a fine not exceeding 1 penalty unit and a daily fine not exceeding 0·1 penalty unit.
[Section 26 Amended by No. 29 of 1977, s. 5 and Sched. 1 ][Section 26 Amended by No. 24 of 1983, s. 4 and Sched. 2 ]The expenses of the Director under this Act shall be defrayed out of moneys provided by Parliament.
The Governor may make regulations for the purposes of this Act.
SCHEDULE 1[Schedule 1 Inserted by No. 82 of 1975, s. 16 and Sched. 1 ][Schedule 1 Amended by No. 19 of 1980, s. 171 and Sched. 1 ]
1.(1) A notice required to be registered under section 8A shall be so registered by lodging with the Recorder –(a) a copy of the notice; and(b) particulars of the title to the land on which the house to which the notice relates is situated.(2) Where a notice has been registered under subparagraph (1) the Recorder shall record the notice on the folio of the Register constituting the title to the land to which the notice relates.
2.(1) Where the whole or any part of the land referred to in paragraph 1 (1) is not under the Land Titles Act 1980 the Recorder shall bring under that Act so much of the land that is not under that Act by registering a qualified title thereto in accordance with section 21 of that Act .(2) Where part only of the land to which a notice relates is required to be brought under the Land Titles Act 1980 by this paragraph the Recorder shall issue a consolidated title to the whole of the land to which the notice relates and for that purpose may call in and cancel in accordance with section 163 of that Act the certificates of title to the parts of the land.(3) The Recorder is not bound, for the purposes of subparagraph (1) , to investigate the title to any land.(4) . . . . . . . .(5) . . . . . . . .
3. A notice served on the Recorder under subsection (4) or subsection (7) of section 4 shall identify the notice that has been withdrawn or quashed and, on receipt, the Recorder shall record on the folio of the Register constituting the title to the land to which the notice withdrawn or quashed relates that it has been withdrawn or quashed, as the case may be.
4. A notice served on the Recorder under section 7 shall contain particulars of the title to the land on which the house to which the certificate relates is situated and, on the receipt of the notice, the Recorder shall record on the folio of the Register constituting the title to that land that the notices previously registered in respect of that land have been cancelled.
5. No fee is payable in respect of the registration or the cancellation of the registration of a notice in accordance with this Schedule.
6. In this Schedule, Register has the same meaning as it has in the Land Titles Act 1980 .