Landlord and Tenant (Commercial Tenancies) Regulations 1986 (SA)

South Australia

Landlord and Tenant (Commercial Tenancies) Regulations 1986

under the Landlord and Tenant Act 1936

1Short title

These regulations may be cited as the Landlord and Tenant (Commercial Tenancies) Regulations 1986.

2Commencement

These regulations shall come into operation on 1 January, 1986.

3Interpretation

In these regulations—

the Act means the Landlord and Tenant Act 1936.

5Payment of money to Tribunal under security bond

A person who is paying to the Tribunal money paid under a security bond shall lodge a form in the form of Form 1 of the Schedule to these regulations duly completed in accordance with the instructions contained in that form.

6Application to Commercial Tribunal under Part 4 of the Act

1. (1)

   Subject to this regulation, an application to the Commercial Tribunal under Part 4 of the Act—

   1. (a)

      must be in a form approved by the Commercial Registrar for an application of the relevant kind; and

   2. (b)

      must include such information, and be accompanied by such other documents, as the approved form requires; and

   3. (c)

      must be accompanied by an application fee of $28.

2. (2)

   For the purposes of section 61(2) of the Act—

   1. (a)

      the prescribed form of agreement shall be Form 3 of the Schedule to these regulations; and

   2. (b)

      an application under that section must be accompanied by an agreement between the parties made in the prescribed form.

3. (3)

   No application fee is payable on an application under section 61 of the Act.

6AACircumstances where transfer of action to court not required

Pursuant to section 56(4) of the Act, the Commercial Tribunal is not required to transfer an action to a court if the reason for the transfer would be that—

1. (a)

   by reason of an amendment to the amount of the claim (or any cross-claim) the action involves a small claim and no other claim (apart from a claim for costs, interest or both); or

2. (b)

   —

   1. (i)

      the amount of the claim (or any cross-claim) has, since the commencement of the proceedings, been increased so as to exceed the prescribed amount under section 56(2) of the Act; and

   2. (ii)

      it appears that the increase is attributable solely to the effluxion of time.

6AWritten statements

For the purposes of section 62(2)(b) of the Act, the prescribed form of written statement will be Form 5 of the Schedule to these regulations.

7Warranty of fitness for purpose

1. (1)

   For the purposes of section 66(2) of the Act, the warranty referred to in section 66(1) of the Act is excluded if, before the agreement is executed by the tenant, the landlord specifically draws to the attention of the tenant, a notice in the form of Form 4 of the Schedule to these regulations.

2. (2)

   The notice referred to in subregulation (1)—

   1. (a)

      must be inserted immediately above the place provided for the tenant's signature in the document referred to in section 62(1) of the Act; and

   2. (b)

      must be—

      1. (i)

         printed in characters not smaller than the corresponding characters in Form 4 of the Schedule to these regulations, as printed in the Gazette; or

      2. (ii)

         typed in type not smaller than 12 pitch.

3. (3)

   In subregulation (2)—

12 pitch, in relation to type, means type of such dimensions that any selected passage of typing 25mm in length includes no more than 12 characters.

7AFive year terms

1. (1)

   For the purposes of section 66A(2)(a) of the Act, the prescribed form of certificate to be signed by a legal practitioner will be Form 6 of the Schedule to these regulations.

2. (2)

   For the purposes of section 66A(5) of the Act, the prescribed form of notice to be given to a tenant will be Form 7 of the Schedule to these regulations.

7BAbandoned goods

1. (1)

   For the purposes of section 67A(3)(a) of the Act, the prescribed form of notice to be sent to a former tenant will be Form 8 of the Schedule to these regulations.

2. (2)

   For the purposes of sections 67A(3)(b) and (c) of the principal Act, the prescribed form of notice to be sent to a person who has an interest in the relevant goods and to be inserted in a newspaper will be Form 9 of the Schedule to these regulations.

3. (3)

   Pursuant to section 67A(8) of the Act the following information is prescribed:

   1. (a)

      the name and address of the landlord; and

   2. (b)

      the name of the tenant; and

   3. (c)

      the address of the premises the subject of the commercial tenancy agreement; and

   4. (d)

      in relation to each item sold—

      1. (i)

         the date on which the item was sold; and

      2. (ii)

         the person to whom the item was sold; and

      3. (iii)

         the public auction at which the item was sold; and

      4. (iv)

         the amount for which the item was sold; and

      5. (v)

         the costs of removing, storing and selling the item; and

      6. (vi)

         a description of the item.

8Exclusions from certain provisions of Part 4 of Act

1. (1)

   Any commercial tenancy agreement between—

   1. (a)

      the occupier of a hotel owned or partially owned by—

      1. (i)

         The South Australian Brewing Company Limited; or

      2. (ii)

         S.A. Brewing Holdings Limited; or

      3. (iii)

         S.A.B. Properties Limited; or

      4. (iv)

         a wholly owned subsidiary company of any of those companies,

   as tenant; and

   1. (b)

      the owners of the hotel, as landlord,

is excluded from the application of sections 59, 60, 61, 62 and 62A of the Act.

1. (2)

   Any commercial tenancy agreement where the premises to which the agreement relates comprise licensed premises within the meaning of the Liquor Licensing Act 1985 is excluded from the application of sections 64 and 66 of the Act.

2. (3)

   Any commercial tenancy agreement where the hours during which the premises to which the agreement relates are open for business are fixed by or under the Liquor Licensing Act 1985 is excluded from the application of section 65 of the Act.

9Exclusions from application of Part 4 of Act of agreement between Treasurer and Port Dock Railway Museum

Pursuant to section 55(3)(a) of the Act, the agreement dated 29 November, 1988, between the Treasurer of South Australia and Port Dock Railway Museum (South Australia) Incorporated appointing Port Dock Station Railway Museum (South Australia) Incorporated the operator of Port Dock Station Railway Museum, is excluded from the application of Part 4 of the Act.

10Exclusion from application of Part 4 of Act of commercial tenancy agreements where landlord is Aboriginal Lands Trust

Pursuant to section 55(3)(a) of the Act, any commercial tenancy agreement to which the Aboriginal Lands Trust is a party as landlord is excluded from the application of Part 4 of the Act.

Schedule—Lodgement of security bond

Legislative history

Notes

• •

  Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

• •

  Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

• •

  For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

  The Landlord and Tenant (Commercial Tenancies) Regulations 1986 have expired.

  These regulations expired on 1.9.1997 but continue to apply to retail shop leases entered into before 30.6.1997: see s 81 of the Retail Shop Leases Act 1995.

  Principal regulations and variations

  Year	No	Reference	Commencement
  1985	237	Gazette 5.12.1985 p1716	1.1.1986: r 2
  1987	198	Gazette 20.8.1987 p585	20.8.1987
  1988	222	Gazette 27.10.1988 p1550	27.10.1988
  1988	245	Gazette 8.12.1988 p1962	8.12.1988
  1989	3	Gazette 12.1.1989 p71	12.1.1989
  1991	141	Gazette 27.6.1991 p2249	1.7.1991: r 2
  1991	187	Gazette 29.8.1991 p707	1.9.1991: r 2
  1991	279	Gazette 19.12.1991 p1999	1.2.1992: r 2
  1992	150	Gazette 25.6.1992 p2034	1.7.1992: r 2
  1993	67	Gazette 22.4.1993 p1430	22.4.1993: r 2
  1993	140	Gazette 24.6.1993 p2102	1.7.1993: r 2
  1994	146	Gazette 25.8.1994 p590	25.8.1994: r 2
  1995	56	Gazette 10.5.1995 p2001	1.7.1995: r 2
  1996	91	Gazette 30.5.1996 p2663	1.7.1996: r 2

  Provisions varied

  Entries that relate to provisions that have been deleted appear in italics.

  Provision	How varied	Commencement
  r 4	deleted by 187/1991 r 3	1.9.1991
  r 6
  r 6(1)	varied by 198/1987 r 2	20.8.1987
  varied by 141/1991 r 3	1.7.1991
  substituted by 279/1991 r 3	1.2.1992
  varied by 150/1992 r 3	1.7.1992
  varied by 140/1993 r 3	1.7.1993
  varied by 56/1995 r 3	1.7.1995
  varied by 91/1996 r 3	1.7.1996
  r 6(1a)	inserted by 187/1991 r 4	1.9.1991
  deleted by 279/1991 r 3	1.2.1992
  r 6AA	inserted by 279/1991 r 4	1.2.1992
  r 6A	inserted by 187/1991 r 5	1.9.1991
  r 7A	inserted by 187/1991 r 6	1.9.1991
  r 7B	inserted by 187/1991 r 6	1.9.1991
  r 7B(3)	inserted by 279/1991 r 5	1.2.1992
  r 8	inserted by 222/1988 r 2	27.10.1998
  substituted by 187/1991 r 7	1.9.1991
  r 8
  r 8(1)	substituted by 146/1994 r 3	25.8.1994
  r 9	inserted by 245/1988 r 2	8.12.1988
  substituted by 3/1989 r 2	12.1.1989
  r 10	inserted by 67/1993 r 3	22.4.1993
  Sch
  Form 1	varied by 187/1991 r 8(a)	1.9.1991
  Form 2	varied by 198/1987 r 3	20.8.1987
  deleted by 187/1991 r 8(b)	1.9.1991
  Form 3	varied by 187/1991 r 8(c)	1.9.1991
  Form 4	substituted by 187/1991 r 8(d)	1.9.1991
  Forms 5—9	inserted by 187/1991 r 8(d)	1.9.1991

  Historical versions

  Reprint No 1—8.2.1995

  Reprint No 2—1.7.1995