Landlord and Tenant Act 1936 (SA)

South Australia Landlord and Tenant Act 1936 An Act to regulate the relationship of landlord and tenant under certain commercial tenancy agreements.

Contents Part A1—Preliminary 1 Short title 3A Act does not apply to residential tenancy agreements 3B Application of Act to Crown Part 1—Forfeiture and relief Division 1—Recovery of premises 4 Proceedings by landlord for non-payment of rent 5 Tenant, paying all rent, proceedings to cease 6 Damages for mesne profits 7 Saving of former remedies 8 Notice of writs by lessee to landlord Division 2—Relief against forfeiture 9 Relief against forfeiture for non-payment of rent 10 No re-entry till notice to tenant to remedy breach 11 Court or judge may grant relief 12 Interpretation and application of preceding sections Part 2—Distress for rent 13 Interpretation 13A Jurisdiction of the Magistrates Court 14 Mode of distress, and warrant, authority 15 Exemption of warrants from stamp duty 16 Delivery of duplicate warrant 17 Distress for rent 18 Delivery of copy warrant and inventory to claimant 19 Rights of owner of agisted cattle, under-tenant, or lodger 20 Effect of payment to landlord 21 Duty of landlord after being served with declaration 22 Rights of owners of goods in other cases 23 Duty of landlord after service of declaration 24 Adverse claims 25 Decision of Magistrates Court 26 Power of landlord to hold goods 27 Power of landlord to sell goods if claim in his favour 28 False declarations 29 Person entitled to take declarations 30 Sale of distrained goods 31 Power to distrain corn and hay 32 Distress may be secured and sold on premises 33 Disposal of proceeds of sale 34 Sale to be by auction 35 Costs, charges etc of distress and sale 36 No appraisement necessary 37 Double damages against wrongful distrainer 38 Goods fraudulently or clandestinely removed 39 Damages or pound breach or rescue 40 Penalties, how recovered 41 Forms may be modified 42 Landlord's powers not abridged 43 Exemption of cattle and vehicles 43A Exemption of records of health practitioner 45 Exemption of wearing apparel and tools 46 Application of preceding section Part 3—Miscellaneous provisions 47 Effect of licences granted to lessees 48 Effect of restricted licence 49 Application of preceding sections 50 Apportionment of conditions of re-entry in certain cases 51 Protection of purchaser against forfeiture under covenant for insurance against fire in certain cases 52 Preceding provisions to apply to leases for a term of years absolute etc 53 When the reversion on a lease is gone, the next estate to be deemed the reversion Part 4—Commercial tenancy agreements Division 1—Preliminary 54 Interpretation 55 Application of Part Division 2—Jurisdiction of the Commercial Tribunal 56 Distribution of jurisdiction between the Tribunal and the courts Division 3—Special provisions applying to commercial tenancies 57 Limitation on amounts payable with respect to entering into, extending or renewing a commercial tenancy agreement 58 Rent in advance 59 Regulation of security bonds 60 All amounts paid under security bonds to be receipted and paid to Tribunal 61 Payment of security bonds by Tribunal to landlord or tenant 61A Commercial tenancy agreements may be in registrable form 61B Costs associated with the preparation of a written agreement 62 Provisions relating to written agreements prepared by or on behalf of landlords 62A Landlord to provide a statement of operating expenses 62B Landlord to bear cost of land tax 63 Provision relating to payments on sale or assignment void unless approved by Tribunal 64 Right of tenant to assign or sublet 65 Hours of business etc 66 Implied warranty that premises reasonably fit for business of tenant 66A Provision for five-year terms 66AB Ability of landlord to move tenant to other premises 67 Tenancy to continue while extensions or renewals are negotiated 67A Abandoned goods Division 4—Disputes arising under commercial tenancy agreements 68 Power of Tribunal to act in any matter Division 5—Commercial Tenancies Fund 69 Commercial Tenancies Fund 70 Investment of Fund 71 Accounts Division 6—Miscellaneous 72 Contract to avoid 73 Tribunal may exempt tenancy agreement, class of agreement or premises from provisions of Part 73A Annual reports 74 Summary proceedings 75 Regulations Schedule 1—Warrant to distrain Schedule 2—Inventory Schedule 3—Declaration to be made by or on behalf of owner of agisted cattle or under-tenant or lodger Schedule 4—Declaration under section 22 Schedule 5—Summons in case of adverse claim to goods distrained Schedule 6—Order in case of adverse claim to agisted cattle or goods distrained Legislative history Appendix—Divisional penalties and expiation fees