Landlord and Tenant Act 1935 (Tas)

Landlord and Tenant Act 1935

An Act to consolidate and amend the law relating to landlords and their tenants [Royal Assent 18 October 1935]

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

1. Short title This Act may be cited as the Landlord and Tenant Act 1935 .

2. Repeal of local Acts: Non-application of Imperial Acts (1) The Acts enumerated in Schedule 1 are hereby repealed. (2) No Imperial enactment directly relating to the law of landlord and tenant shall have effect in this State.

2A. Act not apply to residential tenancy agreements This Act does not apply to a residential tenancy agreement within the meaning of the Residential Tenancy Act 1997 to which that Act applies.

PART II - Leases and Rents

3. Effect where words in schedule used Whenever any party to any deed made according to the form set forth in Part I of Schedule 2 , or to any other deed which shall be expressed to be made in pursuance of this Act, shall employ in such deed respectively any of the forms of words contained in the first column of Part II of Schedule 2 , 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 the second column of the same schedule , and distinguished by the same number as is set opposite 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 all outhouses, &c. 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.