Can a landlord pass to the tenant the costs of complying with the Building Act?

I recently presented a short paper at the Law Institute of Victoria’s Property Law Conference on the topical question of :

 

“Whether a landlord can recover from a tenant the costs of complying with the Building Act”

 

The paper is attached for your download ease.

 

Property Law Conferencer ( August 2012)(3)

Advertisement

Farewell Landlord and Tenant Act

The Landlord and Tenanct Act 1936 will be repealed effective 1 September 2012: see s.236 of the Australian Consumer Law and Fair Trading Act 2012 and the Victorian Government Gazette, No S291, 28 August 2012. Part 4.2 of ACLFT now governs a landlord’s rights and obligations concerning uncollected goods left on leased premises. While Part V of the Landlord and Tenant Act (control of rents and recovery of possession) has not been re-enacted in other legislation,  Part V has been preserved with respect to existing tenancies governed by Part V[1].

---

[1] Section 236 of the Australian Consumer Law and Fair Trading Act 2012 and items 36.2 and 36.5 in schedule 6 to that Act.