AUSTRALIAN CAPITAL TERRITORY

landlord and tenant act 1899
(new south wales)
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 25 May 1998
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Position of Crown
	2A.	Application of Act
Part I—Facilitation of Leases
	3.	Short forms
	4.	Deed to include buildings etc.
	5. 	Fee for preparing deed not to be fixed by length only
	6.	Saving of certain deeds
Part II—Tenements recovery by ejectment in 
Supreme Court
	7.	Tenants to give notice of ejectment to landlord
Part IV—Tenements recovery in 
Magistrates Court
	22.	Interpretation

	23.	Recovery of possession in Magistrates Court
Part VI—Restriction of Effect of Waiver 
and Licence by Lessor
	57.	Restriction on effect of licence to alien
	58.	Operation of partial licences
	59.	Apportionment of benefit of conditions of entry
	60.	Waiver
	61. 	Application of Part
Schedule B
FORM
Schedule C
DIRECTIONS AS TO THE  FORMS IN THIS SCHEDULE

AUSTRALIAN CAPITAL TERRITORY

Landlord and Tenant act 1899
(NEW SOUTH WALES)
An Act to consolidate the Statutes relating to the law of landlord and tenant
1. 	Short title
	This Act shall be called the Landlord and Tenant Act 1899.1
2. 	Position of Crown
	This Act does not bind the Territory Crown.
2A. 	Application of Act
	This Act does not apply to a residential tenancy agreement within the meaning of the Residential Tenancies Act 1997 to which that Act applies.
Part I—Facilitation of Leases
3. 	Short forms
	Whenever any party to any deed made according to the tenor and effect of the form set forth in Schedule B, or whenever any party to any other deed which is expressed to be made in pursuance of this Act, employs in such deed respectively any of the forms of words contained in column 1 of Schedule C, and distinguished by any number therein, such deed shall be taken to have the same effect and be construed as if such party had inserted in such deed the form of words contained in column 2 of the same Schedule, and distinguished by the same number as is annexed to the form of words employed by such party, but it shall not be necessary in any such deed to insert any such number.

4. 	Deed to include buildings etc. 
	Every such deed, unless any exception be specially made therein, shall be held and construed to include all outhouses, buildings, barns, stables, yards, gardens, cellars, ancient and other lights, paths, passages, ways, waters, watercourses, liberties, privileges, easements, profits, commodities emoluments, hereditaments, and appurtenances whatsoever to the lands and tenements therein comprised, belonging, or in anywise appertaining.
5. 	Fee for preparing deed not to be fixed by length only
	In taxing any bill for preparing and executing any deed under this Part, or which might be prepared under this Part, the taxing officer of the Supreme Court, in estimating the proper sum to be charged for such transaction, shall consider not the length of such deed, but only the skill and labour employed and responsibility incurred in the preparation thereof.
6. 	Saving of certain deeds
	Any deed, or part of a deed, which fails to take effect by virtue of this Part shall nevertheless be as valid and effectual, and shall bind the parties thereto so far as the rules of law and equity permit, as if this Act had not been made.
Part II—Tenements recovery by ejectment in Supreme Court
7. 	Tenants to give notice of ejectment to landlord
	Every tenant to whom any writ in ejectment is delivered, or to whose knowledge it comes, shall forthwith give notice thereof to his landlord, or his bailiff or receiver, under penalty of forfeiting the value of 3 year’s improved or rack rent of the premises demised or held in the possession of the tenant to the person to whom he holds to be recovered by action in the Supreme Court.
Part IV—Tenements recovery in Magistrates Court
22. 	Interpretation
	In the construction of this Part—
	(a)	the word “land” means land, houses, or other corporeal hereditaments;
	(b)	the word “agent” means any person usually employed by the landlord in the letting of the land or in the collection of the rents thereof, or specially authorized to act in the particular matter by writing under the hand of such landlord.
23. 	Recovery of possession in Magistrates Court
(1) 	When the term or interest of the tenant of any land held by him for any term of years, or for any less estate or interest, either with or without being liable to the payment of any rent, has expired by effluxion of time or has been determined by notice to quit or demand of possession, and such tenant or any person claiming under him who is actually occupying such land or any part thereof neglects to quit and deliver up possession of such land or of such part thereof respectively, the landlord of such land or his agent may institute proceedings in the Magistrates Court against the person so neglecting to recover possession of the land.
(2) 	Where the Magistrates Court makes an order for the recovery of possession of any land, the court may—
	(a)	issue a warrant authorizing an officer of police or other person to enter (by force if necessary) into the land and give possession thereof to the landlord or his agent; and
	(b)	postpone the issue of such a warrant, or suspend the execution of such a warrant, for such period as it deems fit.
Part VI—Restriction of Effect of Waiver and Licence by Lessor
57. 	Restriction on effect of licence to alien
	Where any licence to do any act which without such licence would create a forfeiture or give a right to re-enter under a condition or power reserved in any lease is given to any lessee or his assigns, every such licence shall, unless otherwise expressed, extend only to the permission actually given or to any specific breach of any proviso or covenant made, or to be made, or to the actual assignment under lease or other matter thereby specifically authorized to be done, but not so as to prevent any proceeding for any subsequent breach (unless otherwise specified in such licence), and all rights under covenants and powers of forfeiture and re-entry in the lease contained shall remain in full force and shall be available as against any subsequent breach of covenant or condition assignment under lease or other matter not specifically authorized or made dispunishable by such licence in the same manner as if no such licence had been given and the condition or right of re-entry shall be and remain in all respects as if such licence had not been given except in respect of the particular matter authorized to be done.
58. 	Operation of partial licences
	Where in any lease there is a power or condition of re-entry on assigning, or under-letting, or doing any other specified act without licence, and a licence is given to one of several lessees or co-owners to assign or underlet his share or interest, or to do any other act prohibited to be done without licence, or is given to any lessee or owner, or any one of several lessees or owners, to assign or underlet part only of the property or to do any other such act as aforesaid in respect of part only of such property, such licence shall not operate to destroy or extinguish the right of re-entry in case of any breach of the covenant or condition by co-lessees or owners of the other shares or interests in the property, or by the lessee or owner of the rest of the property, as the case may be, over or in respect of such shares or interests or remaining property, but such right of re-entry shall remain in full force over or in respect of the shares or interests or property not the subject of such licence.
59. 	Apportionment of benefit of conditions of entry
	Where the reversion upon a lease is severed and the rent or other reservation is legally apportioned, the assignee of each part of the reversion shall, in respect of the apportioned rent or other reservation allotted or belonging to him, be entitled to the benefit of all conditions or powers of re-entry for non-payment of the original rent or other reservation in like manner as if such conditions or powers had been reserved to him as incident to his part of the reversion in respect of the apportioned rent or other reservation allotted or belonging to him.
60. 	Waiver
	Where any actual waiver of the benefit of any covenant or condition in any lease on the part of any lessor or his heirs, executors, administrators, or assigns is proved to have taken place after the passing of the Act in any one particular instance, such actual waiver shall not be assumed, or deemed to extend to any instance or any breach of covenant or condition other than that to which such waiver specially relates, nor to be a general waiver of the benefit of any such covenant or condition unless an intention to that effect appears.
61. 	Application of Part
	The provisions contained in this Part shall be applicable to leases for a term of years absolute or determinable on a life or lives, or otherwise, and also to a lease for the life of the lessee, or the life or lives of any other person or persons, whether such leases be made before or after the passing of this Act.

	Schedule B	Section 3
This indenture made the                   day of                 one thousand nine hundred and eighty                     (or other year), in pursuance of the Landlord and Tenant Act 1899, between [here insert the names of the parties and recitals if any], witnesseth that the said lessor (or lessors) doth (or do) demise unto the said lessee (or lessees), his (or their) heirs or executors, administrators, and assigns, as the case may be, all, &c. (parcels) from the                day of              for the term of               thence ensuing, yielding and paying therefor during the said term the rent of [state the rent and mode of payment].
In witness whereof the said parties hereto have hereunto set their hands and seals.

	Schedule c	Section 3
Directions as to the forms in this Schedule
1.  Parties who use any of the forms in the first column in this Schedule may substitute for the words “lessee” or “lessor” any name or names, and in every such case corresponding substitutions shall be taken to be made in the corresponding forms in the second column.
2.  Such parties may substitute the feminine gender for the masculine, or the plural number for the singular in the forms in first column in this Schedule, and corresponding changes shall be taken to be made in the corresponding forms in the second column.
3.  Such parties may fill up the blank spaces left in the forms 4 and 5 in the first column of this Schedule so employed by them with any words or figures, and the words or figures so introduced shall be taken to be inserted in the corresponding blank spaces left in the forms embodied.
4.  Such parties may introduce into or annex to any of the forms in the first column any express addition to, exceptions from, or express qualifications thereof, respectively, and the like additions, exceptions, or qualifications shall be taken to be made from or in the corresponding forms in the second column.
5.  Where the premises demised are of freehold tenure the covenants 1 to 10 shall be taken to be made with, and the proviso 11 to apply to, the heirs, executors, administrators, and assigns of the lessor, and where the premises demised are of leasehold tenure the covenants and proviso shall be taken to be made with and apply to the lessor, his executors, administrators, and assigns, unless otherwise stated.

Column 1	Column 2

1.	That the said (lessee) covenants with the said (lessor) to pay rent	1.  And the said lessee doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said lessor that he the said lessee, his executors, administrators, and assigns will, during the said term, pay unto the said lessor the rent hereby reserved in manner hereinbefore mentioned without any deduction whatsoever.	
2.	And to pay taxes	2.  And also will pay all taxes, rates, duties, and assessments whatsoever now charged or hereafter to be charged upon the said demised premises or upon the said lessor on account thereof.	
3.	And to repair	3.  And also will, during the said term, well and sufficiently repair, maintain, pave, empty, cleanse, amend, and keep the said demised premises with the appurtenances in good and substantial repair, together with all chimney-pieces, windows, doors, fastenings, water closets, cisterns, partitions, fixed presses, shelves, pipes, pumps, pales, rails, locks and keys, and all other fixtures and things which, at any time during the said term, shall be erected and made when, where, and so often as need shall be.	
4.	And to paint outside every       [          ] year	4.  And also that the said lessee, his executors, administrators, and assigns will, in every       year in the said term, paint all the outside woodwork and ironwork belonging to the said premises with 2 coats of proper oil colours, in a workmanlike manner.	
5.	And to paint and paper inside every [        ] year	5.  And also that the said lessee, his executors, administrators, and assigns will, in every       year, paint the inside wood, iron, and other works now or usually painted with 2 coats of proper oil colours, in a workmanlike manner, and also will repaper with paper of a quality as at present such parts of the premises as are now papered, and also wash, stop, whiten, or colour such parts of the said premises as are now plastered.	
6	And to insure from fire in the joint names of the said (lessor) and the said (lessee)	6.  And also that the said lessee, his executors, administrators, and assigns will forthwith insure the said premises hereby demised to the full value thereof in some respectable insurance office in the joint names of the said lessor, his executors, administrators, and assigns, and the lessee, his executors, administrators, and assigns, and keep the same so insured during the said term, and will upon the request of the said lessor or his agent show the receipt for the last premium paid for such insurance for every current year, and as often as the said premises hereby demised shall be burnt down or damaged by fire all and every the sum or sums of money which shall be recovered or received by the said lessee, his executors, administrators, or assigns for or in respect of such insurance, shall be laid out and expended by him in building or repairing the said demised premises or such parts thereof as shall be burnt down or damaged by fire as aforesaid.	
7.	And that the said (lessor) may enter and view state of repair, and that the said (lessee) will repair according to notice	7.  And it is hereby agreed that it shall be lawful for the said lessor and his agents at all reasonable times during the said term to enter the said demised premises to take a schedule of the fixtures and things made and erected thereupon, and to examine the condition of the said premises, and further, that all wants of reparation which upon such views shall be found, and for the amendment of which notice in writing shall be left at the premises, the said lessee, his executors, administrators, and assigns will, within three calendar months next after every such notice, well and sufficiently repair and make good accordingly.	
8.	That the said (lessee) will not use premises as a shop	8.  And also that the said lessee, his executors, administrators, and assigns will not convert, use, or occupy the said premises or any part thereof into or as a shop, warehouse, or other place for carrying on any trade or business whatsoever, or suffer the said premises to be used for any such purpose or otherwise than as a private dwelling-house, without the consent in writing of the said lessor.	
9.	And will not assign without leave	9.   And also that the said lessee shall not nor will, during the said term, assign, transfer, or set over, or otherwise, by any act or deed, procure the said premises or any of them, to be assigned, transferred, or set over unto any person or persons whomsoever, without the consent in writing of the said lessor his executors, administrators, or assigns first had and obtained.	
10.	And that he will leave premises in good repair	10.  And further that the said lessee will, at the expiration or other sooner determination of the said term, peaceably surrender and yield up unto the said lessor the said premises hereby demised with the appurtenances, together with all buildings, erections, and fixtures,  now or hereafter to be built or erected thereon, in good and substantial repair and condition in all respects reasonable wear and tear and damage by fire only excepted.	
11.	Proviso for re-entry by the said lessor on non-payment of rent or non-performance of covenants	11.  Provided always and it is expressly agreed that if the rent hereby reserved or any part thereof shall be unpaid for 15 days after any of the days on which the same ought to have been paid (although no formal demand shall have been made thereof), or in case of the breach or non-performance of any of the covenants and agreements herein contained on the part of the said lessee, his executors, administrators, and assigns, then and in either of such cases it shall be lawful for the said lessor at any time thereafter into and upon the said demised premises or any part thereof in the name of the whole to re-enter, and the same to have again repossess and enjoy as of his or their former estate, anything therein contained to the contrary notwithstanding.	
12.	The said (lessor) covenants with the said (lessee) for quiet enjoyment	12.  And the lessor doth hereby for himself, his heirs, executors, administrators, and assigns, covenant with the said lessee, his executors, administrators, and assigns, that he and they paying the rent hereby reserved and performing the covenants hereinbefore on his and their part contained shall and may peaceably possess and enjoy the said demised premises for the term hereby granted, without any interruption or disturbance from the said lessor, his executors, administrators, or assigns, or any other person or persons lawfully claiming by, from, or under him, them, or any of them.	

NOTES
1.	The Landlord and Tenant Act 1899 of the State of New South Wales (No. 18, 1899) was one of the laws in force in the Australian Capital Territory before 1 January 1911 and was therefore continued in force by the Seat of Government Acceptance Act 1909 of the Commonwealth.
	The text of the Landlord and Tenant Act 1899 of the State of New South Wales in its application in the Territory as at 10 August 1984 comprises Part 21 of Schedule 2 to the New South Wales Acts Application Act 1984 (No. 41, 1984), for details of those amendments see (a).
	The Landlord and Tenant Act 1899 of the State of New South Wales in its application in the Territory has been amended since 10 August 1984 as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Magistrates Court Ordinance 1985	67, 1985	19 Dec 1985	1 Feb 1986 (see Gazette 1986, No. G3, p. 265)
	—	
Self-Government day 11 May 1989
Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Acts Revision (Position of Crown) Act 1993	44, 1993	27 Aug 1993	27 Aug 1993 (see s. 2)	—	
(Reprinted as at 31 August 1993)	
Residential Tenancies (Consequential Provisions) Act 1998
	4, 1998	25 May 1998	25 May 1998 (see s. 2)		
(a)	The Landlord and Tenant Act 1899, in its application in the Territory, comprises the Landlord and Tenant Act 1899 as amended by the Landlord and Tenant Act 1972 and the New South Wales Acts Application Act 1984.  The amendments so made have been incorporated in the text of the Landlord and Tenant Act 1899 in Part 21 of the Schedule to the lastmentioned Act. 
	Section 2 and Schedule A, Part II (sections 7-15), Part III (sections 16-21) and sections 24-33 and Schedules D-M (inclusive) were repealed by the New South Wales Acts Application Act 1984.
	Section 23 was substituted by the New South Wales Acts Application Act 1984.
	Part V (sections 34-56) was repealed by the Landlord and Tenant Act 1972.

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 2	ad. Act No. 44, 1993
S. 2A	ad. Act No. 4, 1998
Heading to Part IV	am. No. 67, 1985
S. 23	am. No. 67, 1985