VPRS 17054 Register of Determinations, Fair Rents Board, Elmore

Fair Rents Boards were established in 1948 under provisions of the Landlord and Tenant (Amendment) Act 1948. Their responsibility was to determine the "fair rent" of "prescribed premises" under procedures set out in the Landlord and Tenant Act which was passed and proclaimed earlier in 1948. Although provisions for rent control by state or federal authorities were in force during the depression of the 1930's, the first rent control provisions of a similar nature to those enforced by the Fair Rents Boards were embodied in the Fair Rents Act, which took force in 1938. This Act provided for a landlord or tenant to apply to a Court of Petty Sessions for the fair rent of the premises to be determined. Legislation enacted in the 1940's, however, controlled the level of rent of all rented premises, not just those in respect of which an application was made to a court. Under Commonwealth National Security (Landlord and Tenant Regulations) the level of rent of all rented premises was frozen on 31 December 1940 and the role of a Commonwealth Rent Controller was established to determine appropriate variations to rent. This procedure was embodied in Victorian Legislation in 1948 and later that year the Landlord and Tenant (Amendment) Act transferred the responsibilities of the Rent Controller to the Fair Rents Boards. Under this Act, the Governor-in-Council could constitute a Board in any place in Victoria that was deemed to be appropriate. Each Board consisted of one stipendiary magistrate. Under the Landlord and Tenant Act and its amendment, two processes were established relating to the administration of prescribed premises; the determination of fair rents and the hearing of applications for orders for the termination of tenancy agreements (recovery of possession). The Fair Rents Boards were responsible for the first of these functions. Under the Landlord and Tenant Act 1948 and the 1948 amendment to it, any dwelling-house except a holiday house or house on a farm property was a prescribed premise. If a prescribed premise was rented at any time after the commencement of the Act or at any time since 31 December 1940 (when rent was frozen under Commonwealth Regulations) then the Fair Rents Boards were responsible for determining rent. Either a lessor or a lessee could make an application to a Board for the fair rent of the premises to be determined. In making such a determination the Board was to take into account not only the value of the property, level of rates and state of repair, but also the financial position of both the lessor and lessee and any likely hardship which may be caused by varying the level of rent. This register records a case number, date of hearing, whether the application was made by the lessor or lessee, current rate and fixed rate. No other information is recorded including the names of the parties.