Commercial Tenancies Act (NT)

NORTHERN TERRITORY OF AUSTRALIA

commercial tenancies ACT

As in force at 1 August 2002

Table of provisions [if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \o &#34;1-9&#34; <span style='mso-element: field-separator'></span><![endif] — Preliminary1 — Short title2 — Commencement4 — Interpretation5 — Act not to bind the CrownPart VII — Repossession of premises41 — Interpretation42 — No entry without order42A — Notice to quit to be in writing43 — Expiration of notices44 — Certain matters not to affect notice45 — Defective notice46 — Notice to quit premises48 — Application for a warrant of ejectment50 — Court may make orders for outstanding rent, &c.Part VIII — Miscellaneous55B — Lessee's right of association56 — Mitigation of damages for breach of lease67A — Service of notice68 — RegulationsENDNOTES northern territory of australia

northern territory of australia

This reprint shows the Act as in force at 1 August 2002.  Any amendments that commence after that date are not included.

commercial tenancies act

An Act relating to business tenancies

Part IPreliminary 1Short title

This Act may be cited as the Commercial Tenancies Act.

2Commencement

This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette.

4Interpretation

• (1)

  In this Act unless the contrary intention appears:

  lease means an agreement or contract under which premises are let or hired to a person, whether that agreement is oral or written or arises by implication out of the acts of parties and includes a tenancy and a sub-lease.

  lessee means a tenant or the party to a lease to whom premises are leased and includes a person in possession of premises under an assignment of a lease or a sub-lease, if the assignment or the sub-lease has been made or given without the consent of the lessor and that consent was expressly or impliedly required under the terms of the lease.

  lessor means the party to a lease who makes premises available for occupation by a lessee or who, being an owner of premises, permits a person to occupy those premises in exchange for rent.

  premises means premises leased primarily for business purposes, whether or not the premises may be used as a residence under the lease.

  rent means the amount of money payable under a lease for the right to occupy or use premises or premises and goods for a period of time and includes any rates or taxes payable by the lessee but, where in the lease:

  • (a)

    it is provided that a reduced amount shall be accepted by the lessor as rent upon the performance of a condition by the lessee; or

  • (b)

    provision is made for a rebate, discount, allowance or other reduction of rent,

  the amount payable after such reduction is made shall, for the purposes of this Act, be the rent payable under the lease.

  sub-lease means a lease which depends for its performance upon possession given to the sub-lessor under a head lease (not being a Crown lease).

  to lease means to make premises available under a lease.

• (2)

  For the purposes of this Act, "lessee" includes a person who remains in possession of premises after determination of a lease of those premises to him and the word "lessor" is used correlatively.

5Act not to bind the Crown

This Act does not bind the Crown.

Part VIIRepossession of premises 41Interpretation

In this Part unless the contrary intention appears:

lessee includes a person in possession of premises under an assignment of a lease or a sub-lease where the assignment or the grant of a sub-lease has been made or given without the consent of the lessor and that consent was required under the terms of the lease whether expressed or implied.

42No entry without order

A person shall not, except in accordance with an order of a court, enter premises of which a person has possession as a lessee under a lease, or as a former lessee holding over after termination of a lease, for the purpose of recovering possession of the premises, whether entry is effected peaceably or otherwise.

Penalty:          100 penalty units or imprisonment for 6 months.

42ANotice to quit to be in writing

A notice to quit given by a lessor shall be in writing and signed by the lessor, or his agent authorized in writing.

42AALessor may evict tenants if drug premises order made

A lessor of premises that are drug premises within the meaning of the Misuse of Drugs Act may issue a notice to quit in accordance with section 42A requiring the lessee to give up vacant possession of the premises within 14 days.

43Expiration of notices

• (1)

  A notice to quit given by a lessor under section 42A, and a notice of intention to quit given by a lessee may expire at any time specified in the notice if the period of notice required by this Act is given, notwithstanding that the expiration of the period of the notice does not coincide with a day prior to a rent day or a day prior to the last day of the tenancy.

• (2)

  A notice of intention to quit given by a lessee shall be for:

  • (a)

    if the lease is for a fixed term – the unexpired duration of the term; or

  • (b)

    in any other case – 14 days,

  or for such longer or shorter period as is agreed upon between the parties to the lease.

44Certain matters not to affect notice

Where notice to quit premises has been given:

• (a)

  a demand by the lessor for payment of rent or a sum of money as rent;

• (b)

  the institution of proceedings by the lessor for recovery of rent or a sum of money as rent; or

• (c)

  the acceptance by the lessor of rent or a sum of money as rent,

in respect of a period within 6 months after the giving of the notice shall not, of itself, constitute evidence of a tenancy or operate as a waiver of the notice to quit.

45Defective notice

A notice to quit which does not comply with the provisions of this Part does not operate so as to terminate the tenancy in respect of which the notice was given.

46Notice to quit premises

• (1)

  Subject to a term of the lease, a lessor is not required to specify in the notice to quit a ground for the giving of notice in respect of a periodical tenancy.

• (2)

  Subject to the terms of a lease, where a lease was granted for a fixed term the lessor shall specify as a ground for the giving of a notice to quit:

  • (a)

    that the lessee has breached or failed to comply with a covenant, condition or provision of the lease and that the breach or failure to comply was such that the lessor was justified as treating the lease as at an end; or

  • (b)

    that the term of the lease has expired.

• (3)

  The period of a notice to quit premises is such period as is fixed by the lease or, where the rent is payable at regular intervals, the period of one such interval.

48Application for a warrant of ejectment

• (1)

  Where a lessor has given to a lessee a notice to quit which complies with this Part, the lessor or an agent authorized in writing may, at any time within 60 days after the expiration of the term of the notice, apply to the Local Court for a warrant of possession.

• (2)

  The Court shall specify the day on which an order for the issue of a warrant of possession takes effect.

50Court may make orders for outstanding rent, &c.

The Court may in giving an order under this Part make such further orders as to payment of any outstanding rent or damage to premises or goods leased with premises that may be established by the lessor.

Part VIIIMiscellaneous 55BLessee's right of association

• (1)

  A lessor must not:

  • (a)

    refuse to renew a lease of premises (whether or not the right to renew was a condition of the lease) for the reason that the lessee has joined or is or was a member of a body or association of persons the objects of which include the mutual advancement of their business interests, whether in relation to that business carried on those premises or elsewhere;

  • (b)

    purport to exercise a power or right to terminate a lease of premises for the reason that the lessee has joined or is or was a member of a body or an association referred to in paragraph (a); or

  • (c)

    threaten or otherwise indicate that he or she will refuse to renew a lease of those premises if the lessee joins or becomes a member of such a body or association.

  Penalty:          1000 penalty units.

• (2)

  A condition of a lease of premises which provides that the lease is or may be terminated, or that the lessee will suffer any other detriment under the lease, if he joins or becomes a member of a body or association of a kind referred to in subsection (1), whether that lease was entered into before or after the date on which this section came into operation, is void and of no effect.

56Mitigation of damages for breach of lease

The rules under the law of contract relating to mitigation of loss or damage upon breach of a contract apply to and in relation to a breach of a lease of premises.

67AService of notice

Subject to this Act, where a notice or document is required or authorized to be served on or given to a person, it may be served or given:

• (a)

  by handing or tendering it to the person or by posting it by pre‑paid mail to the person at his last-known address; or

• (b)

  if the person is a company – by leaving it at or posting it by pre-paid mail to the registered office of the company.

68Regulations

The Administrator may make regulations not inconsistent with this Act prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.

  ENDNOTES

• 1

  KEY

Key to abbreviations

 

amd = amended od = order

app = appendix om = omitted

bl = by-law pt = Part

ch = Chapter r = regulation/rule

cl = clause rem = remainder

div = Division renum = renumbered

exp = expires/expired rep = repealed

f = forms s = section

Gaz = Gazette sch = Schedule

hdg = heading sdiv = Subdivision

ins = inserted SL = Subordinate Legislation

lt = long title sub = substituted

nc = not commenced

• 2

  LIST OF LEGISLATION

Tenancy Act 1979 (Act No. 43, 1979)
Assent date	27 April 1979
Commenced	7 September 1979
Tenancy Act (No. 2) 1979 (Act No. 131, 1979)
Assent date	15 October 1979
Commenced	15 October 1979
Tenancy Amendment Act 1982 (Act No. 19, 1982)
Assent date	27 April 1982
Commenced	27 April 1982
Tenancy Amendment Act (No. 2) 1982 (Act No. 37, 1982)
Assent date	28 June 1982
Commenced	28 June 1982
Tenancy Amendment Act 1983 (Act No. 37, 1983)
Assent date	3 October 1983
Commenced	3 October 1983
Local Court (Consequential Amendments) Act 1989 (Act No. 14, 1989)
Assent date	5 June 1989
Commenced	s 6: 5 June 1989; rem: 1 January 1991
Local Court (Consequential Amendments) Act 1990 (Act No. 31, 1990)
Assent date	11 June 1990
Commenced	s 5: 11 June 1990; rem: 1 January 1991
Statute Law Revision Act 1991 (Act No. 31, 1991)
Assent date	25 June 1991
Commenced	25 June 1991
Statute Law (Miscellaneous Amendments) Act 1991 (Act No. 77, 1991)
Assent date	16 December 1991
Commenced	16 December 1991
Public Sector Employment and Management (Consequential Amendments) Act 1993 (Act No. 28, 1993)
Assent date	30 June 1993
Commenced	1 July 1993
Sentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)
Assent date	19 April 1996
Commenced	s 7: 19 April 1996; rem: 1 July 1996
Financial Institutions(Consequential Amendments) Act 1997 (Act No. 23, 1997)
Assent date	2 June 1997
Commenced	2 June 1997
Territory Insurance Office (Consequential Amendments) Act 1998 (Act No. 37, 1998)
Assent date	27 May 1998
Commenced	27 May 1998
Statute Law Revision Act (No. 2) 1998 (Act No. 92, 1998)
Assent date	11 December 1998
Commenced	11 December 1998
Residential Tenancies(Consequential Amendments) Act 1999 (Act No. 46, 1999)
Assent date	11 November 1999
Commenced	1 March 2000
Misuse of Drugs(Consequential Amendments) Act 2002 (Act No. 33, 2002)
Assent date	16 July 2002
Commenced	1 August 2002 (s 2, s 6 Misuse of Drugs Amendment Act 2002 (Act No. 32, 2002), Gaz G30, 31 July 2002)

• 3

  LIST OF AMENDMENTS

lt                       amd No. 46, 1999 s. 6

s 1                     amd No. 92, 1998, s. 22; No. 46, 1999, s. 6

s 3                     rep No. 31, 1990, s. 7

s 4                     amd No. 131, 1979, s. 2; No. 19, 1982, s. 3; No. 37, 1982, s. 3; No. 14, 1989, s. 7; No. 31, 1990, s. 7; No. 46, 1999, s. 6

s 5                     amd No. 46, 1999, s. 6

s 6                     sub No. 131, 1979, s. 3

amd No. 28, 1993, s. 3

rep No. 46, 1999, s. 6

s 6A                   ins No. 19, 1982, s. 4

rep No. 46, 1999 s. 6

pt II                    rep No. 46, 1999 s. 6

s 7                     amd No. 19, 1982, s. 5

rep No. 46, 1999 s. 6

s 8                     amd No. 19, 1982, s. 6

rep No. 46, 1999 s. 6

s 9                     amd No. 19, 1982, s. 7

rep No. 46, 1999 s. 6

s 10                   amd No. 19, 1982, s. 8

rep No. 46, 1999 s. 6

s 11                   rep No. 46, 1999 s. 6

s 12                   amd No. 19, 1982, s. 9

rep No. 46, 1999 s. 6

s 13                   amd No. 19, 1982, s. 33

rep No. 46, 1999 s. 6

s 14                   rep No. 46, 1999 s. 6

s 15                   rep No. 46, 1999 s. 6

s 16                   rep No. 46, 1999 s. 6

s 17                   amd No. 31, 1990, s. 7

rep No. 46, 1999 s. 6

s 18                   rep No. 19, 1982, s. 10; No. 46, 1999 s. 6

pt III                   rep No. 46, 1999 s. 6

hdg

pt III                   amd No. 31, 1990, s. 6

s 19                   sub No. 31, 1990, s. 6

amd No. 92, 1998, s. 22

rep No. 46, 1999 s. 6

s 20                   sub No. 31, 1990, s. 6

amd No. 92, 1998, s. 22

rep No. 46, 1999 s. 6

s 21                   sub No. 31, 1990, s. 6

rep No. 46, 1999 s. 6

s 22                   amd No. 19, 1982, s. 32

sub No. 31, 1990, s. 6

rep No. 46, 1999 s. 6

s 23                   amd No. 19, 1982, s. 32

rep No. 31, 1990, s. 6

s 24                   rep No. 31, 1990, s. 6

s 25                   rep No. 31, 1990, s. 6

s 26                   rep No. 31, 1990, s. 6

s 27                   amd No. 19, 1982, s. 33

rep No. 31, 1990, s. 6

s 28                   rep No. 31, 1990, s. 6

s 29                   rep by No. 31, 1990, s. 6

s 30                   rep No. 31, 1990, s. 6

s 30A                 ins No. 19, 1982, s. 11

rep No. 31, 1990, s. 6

s 31                   rep No. 31, 1990, s. 6

pt IV                  rep No. 32, 1991, s. 4

hdg

pt IV                  rep No. 31, 1991, s. 14

s 32                   amd No. 19, 1982, s. 12

rep No. 31, 1991, s. 14

s 33                   amd No. 19, 1982, s. 13

rep No. 31, 1991, s. 14

s 34                   rep No. 19, 1982, s. 14

pt V                   rep No. 46, 1999 s. 6

s 35                   rep No. 46, 1999 s. 6

s 36                   rep No. 46, 1999 s. 6

pt VI                  rep No. 46, 1999 s. 6

s 37                   amd No. 19, 1982, s. 15; No. 37, 1982, s. 4; No. 31, 1990, s. 7

rep No. 46, 1999 s. 6

s 38                   amd No. 19, 1982, s. 16

rep No. 46, 1999 s. 6

s 39                   amd No. 19, 1982, s. 17; No. 37, 1982, s. 5; No. 37, 1983, s. 2; No. 31, 1990, s. 6; No. 31, 1990, s. 7; No. 23, 1997, s. 6; No. 37, 1998, s. 4; No. 92, 1998, s. 22

rep No. 46, 1999 s. 6

s 40                   amd No. 37, 1983, s. 3; No. 23, 1997, s. 6; No. 37, 1998, s. 4

rep No. 46, 1999 s. 6

s 41                   amd No. 46, 1999 s. 6

s 42                   sub No. 19, 1982, s. 18

amd No. 31, 1990, s. 7; No. 46, 1999 s. 6

s 42A                 ins No.19, 1982, s. 18

s 42AA               ins No. 33, 2002, s 4

s 43                   sub No. 19, 1982, s. 18

s 46                   amd No. 19, 1982, s. 19; No. 46, 1999 s. 6

s 47                   amd No. 19, 1982, s. 20

rep No. 46, 1999, s. 6

s 47A                 ins No. 19, 1982, s. 21

rep No. 46, 1999, s. 6

s 47B                 ins No. 19, 1982, s. 21

rep No. 46, 1999, s. 6

s 48                   sub No. 19, 1982, s. 22

amd No. 31, 1990, s. 6; No. 31, 1990, s. 7

s 49                   amd No. 19, 1982, s. 23

rep No. 31, 1990, s. 7

s 50                   amd No. 31, 1990, s. 7

s 51                   amd No. 19, 1982, s. 33

sub No. 31, 1990, s. 6; No. 77, 1991, s. 13

rep No. 46, 1999, s. 6

s 51A                 ins No. 19, 1982, s. 24

sub No. 31, 1990, s. 6

rep No. 46, 1999, s. 6

s 52                   rep No. 19, 1982, s. 25

s 53                   rep No. 31, 1990, s. 7

s 54                   sub No. 19, 1982, s. 26

rep No. 46, 1999, s. 6

s 55                   amd No. 19, 1982, s. 27

rep No. 46, 1999, s. 6

s 55A                 ins No. 19, 1982, s. 28

rep No. 46, 1999, s. 6

s 55B                 ins No. 37, 1982, s. 6

amd No. 46, 1999, s. 6

s 57                   rep No. 46, 1999, s. 6

s 58                   amd No. 31, 1990, s. 7

rep No. 46, 1999, s. 6

s 59                   amd No. 31, 1990, s. 7

rep No. 46, 1999, s. 6

s 60                   amd No. 19, 1982, s. 33

rep No. 46, 1999, s. 6

s 61                   rep No. 46, 1999 s. 6

s 62                   rep No. 31, 1990, s. 7

s 63                   amd No. 19, 1982, s. 29

rep No. 31, 1990, s. 7

s 64                   amd No. 19, 1982, s. 33; No. 17, 1996, s. 6

rep No. 46, 1999, s. 6

s 65                   rep No. 46, 1999 s. 6

s 66                   amd No. 31, 1990, s. 7

rep No. 46, 1999, s. 6

s 67                   amd No. 19, 1982, s. 30; No. 31, 1990, s. 7

rep No. 46, 1999, s. 6

s 67A                 ins No. 19, 1982, s. 31

amd No. 46, 1999 s. 6

sch 1                 rep No. 31, 1990, s. 7

sch 2                 rep No. 31, 1990, s. 7

sch 3                 amd No. 19, 1982, s. 33

rep No. 31, 1990, s. 7

sch 4                 amd No. 19, 1982, s. 33

rep No. 46, 1999 s. 6