Victorian Current Acts Victorian Current Acts(1) If—
(a) the term or interest of a tenant holding land under a lease or written agreement for a term or number of years certain or from year to year has ended or been determined by a notice to quit; and
(b) a lawful demand in writing for possession of the land has been made and signed by the landlord or the landlord's agent and served personally on the tenant or left at the tenant's usual place of residence; and
(c) the tenant refuses to deliver up possession of the land; and
(d) the landlord commences a proceeding for the recovery of the land—
the landlord must, if the landlord intends to apply for security under subsection (2), serve notice of that intention on the tenant.
(2) If—
(a) an appearance is filed for the tenant; and
(b) an affidavit of service of the writ and notice referred to in subsection (1) is filed; and
(c) the landlord produces the lease or agreement or a counterpart or duplicate of it; and
(d) it is proved on affidavit that—
(i) the lease or agreement was executed; and
(ii) the tenant has been in possession of the land under the lease or agreement; and
(iii) the interest of the tenant has ended or been determined by a notice to quit; and
(iv) possession has been lawfully demanded in the manner described in subsection (1)(b)—
the landlord may apply to the Court for an order that the tenant show cause, within a time fixed by the Court, why the tenant should not enter into a bond with two sufficient sureties in a reasonable sum conditioned to pay the costs and damages which are recovered by the landlord.
(3) The Court may make the order applied for either wholly or partly.
(4) If—
(a) an order is made under subsection (3) and the tenant does not comply with it and does not raise any ground to induce the Court to enlarge the time for compliance with it; and
(b) the landlord proves on affidavit that the order was made and served and not complied with—
the landlord is entitled to judgment for the recovery of the land and costs.
No. 6387 s. 118.