{"id":"landlord-and-tenant-commercial-tenancies-regulations-1986","name":"Landlord and Tenant (Commercial Tenancies) Regulations 1986","slug":"landlord-and-tenant-commercial-tenancies-regulations-1986","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235686,"registerId":"sa-landlord-and-tenant-commercial-tenancies-regulations-1986-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Landlord and Tenant (Commercial Tenancies) Regulations 1986","content":"South Australia\nLandlord and Tenant (Commercial Tenancies) Regulations 1986\nunder the Landlord and Tenant Act 1936\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n5\tPayment of money to Tribunal under security bond\n6\tApplication to Commercial Tribunal under Part 4 of the Act\n6AA\tCircumstances where transfer of action to court not required\n6A\tWritten statements\n7\tWarranty of fitness for purpose\n7A\tFive year terms\n7B\tAbandoned goods\n8\tExclusions from certain provisions of Part 4 of Act\n9\tExclusions from application of Part 4 of Act of agreement between Treasurer and Port Dock Railway Museum\n10\tExclusion from application of Part 4 of Act of commercial tenancy agreements where landlord is Aboriginal Lands Trust\nSchedule—Lodgement of security bond\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Landlord and Tenant (Commercial Tenancies) Regulations 1986.\n2—Commencement\nThese regulations shall come into operation on 1 January, 1986.\n3—Interpretation\nIn these regulations—\nthe Act means the Landlord and Tenant Act 1936.\n5—Payment of money to Tribunal under security bond\nA 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.\n6—Application to Commercial Tribunal under Part 4 of the Act\n\t(1)\tSubject to this regulation, an application to the Commercial Tribunal under Part 4 of the Act—\n\t(a)\tmust be in a form approved by the Commercial Registrar for an application of the relevant kind; and\n\t(b)\tmust include such information, and be accompanied by such other documents, as the approved form requires; and\n\t(c)\tmust be accompanied by an application fee of $28.\n\t(2)\tFor the purposes of section 61(2) of the Act—\n\t(a)\tthe prescribed form of agreement shall be Form 3 of the Schedule to these regulations; and\n\t(b)\tan application under that section must be accompanied by an agreement between the parties made in the prescribed form.\n\t(3)\tNo application fee is payable on an application under section 61 of the Act.\n6AA—Circumstances where transfer of action to court not required\nPursuant 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—\n\t(a)\tby 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\n\t(b)\t—\n\t(i)\tthe 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\n\t(ii)\tit appears that the increase is attributable solely to the effluxion of time.\n6A—Written statements\nFor 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.\n7—Warranty of fitness for purpose\n\t(1)\tFor 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.\n\t(2)\tThe notice referred to in subregulation (1)—\n\t(a)\tmust 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\n\t(b)\tmust be—\n\t(i)\tprinted in characters not smaller than the corresponding characters in Form 4 of the Schedule to these regulations, as printed in the Gazette; or\n\t(ii)\ttyped in type not smaller than 12 pitch.\n\t(3)\tIn subregulation (2)—\n12 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.\n7A—Five year terms\n\t(1)\tFor 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.\n\t(2)\tFor 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.\n7B—Abandoned goods\n\t(1)\tFor 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.\n\t(2)\tFor 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.\n\t(3)\tPursuant to section 67A(8) of the Act the following information is prescribed:\n\t(a)\tthe name and address of the landlord; and\n\t(b)\tthe name of the tenant; and\n\t(c)\tthe address of the premises the subject of the commercial tenancy agreement; and\n\t(d)\tin relation to each item sold—\n\t(i)\tthe date on which the item was sold; and\n\t(ii)\tthe person to whom the item was sold; and\n\t(iii)\tthe public auction at which the item was sold; and\n\t(iv)\tthe amount for which the item was sold; and\n\t(v)\tthe costs of removing, storing and selling the item; and\n\t(vi)\ta description of the item.\n8—Exclusions from certain provisions of Part 4 of Act\n\t(1)\tAny commercial tenancy agreement between—\n\t(a)\tthe occupier of a hotel owned or partially owned by—\n\t(i)\tThe South Australian Brewing Company Limited; or\n\t(ii)\tS.A. Brewing Holdings Limited; or\n\t(iii)\tS.A.B. Properties Limited; or\n\t(iv)\ta wholly owned subsidiary company of any of those companies,\nas tenant; and\n\t(b)\tthe owners of the hotel, as landlord,\nis excluded from the application of sections 59, 60, 61, 62 and 62A of the Act.\n\t(2)\tAny 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.\n\t(3)\tAny 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.\n9—Exclusions from application of Part 4 of Act of agreement between Treasurer and Port Dock Railway Museum\nPursuant 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.\n10—Exclusion from application of Part 4 of Act of commercial tenancy agreements where landlord is Aboriginal Lands Trust\nPursuant 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.\nSchedule—Lodgement of security bond\n\n\n\n\n\n\n\n\n\n\n\nLegislative history\nNotes\n\t•\tPlease 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.\n\t•\tEarlier versions of these regulations (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nExpiry of regulations\nThe Landlord and Tenant (Commercial Tenancies) Regulations 1986 have expired.\nThese 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.\nPrincipal regulations and variations\nYear\nNo\nReference\nCommencement\n1985\n237\nGazette 5.12.1985 p1716\n1.1.1986: r 2\n1987\n198\nGazette 20.8.1987 p585\n20.8.1987\n1988\n222\nGazette 27.10.1988 p1550\n27.10.1988\n1988\n245\nGazette 8.12.1988 p1962\n8.12.1988\n1989\n3\nGazette 12.1.1989 p71\n12.1.1989\n1991\n141\nGazette 27.6.1991 p2249\n1.7.1991: r 2\n1991\n187\nGazette 29.8.1991 p707\n1.9.1991: r 2\n1991\n279\nGazette 19.12.1991 p1999\n1.2.1992: r 2\n1992\n150\nGazette 25.6.1992 p2034\n1.7.1992: r 2\n1993\n67\nGazette 22.4.1993 p1430\n22.4.1993: r 2\n1993\n140\nGazette 24.6.1993 p2102\n1.7.1993: r 2\n1994\n146\nGazette 25.8.1994 p590\n25.8.1994: r 2\n1995\n56\nGazette 10.5.1995 p2001\n1.7.1995: r 2\n1996\n91\nGazette 30.5.1996 p2663\n1.7.1996: r 2\nProvisions varied\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nr 4\ndeleted by 187/1991 r 3\n1.9.1991\nr 6\n\n\nr 6(1)\nvaried by 198/1987 r 2\n20.8.1987\n\nvaried by 141/1991 r 3\n1.7.1991\n\nsubstituted by 279/1991 r 3\n1.2.1992\n\nvaried by 150/1992 r 3\n1.7.1992\n\nvaried by 140/1993 r 3\n1.7.1993\n\nvaried by 56/1995 r 3\n1.7.1995\n\nvaried by 91/1996 r 3\n1.7.1996\nr 6(1a)\ninserted by 187/1991 r 4\n1.9.1991\n\ndeleted by 279/1991 r 3\n1.2.1992\nr 6AA\ninserted by 279/1991 r 4\n1.2.1992\nr 6A\ninserted by 187/1991 r 5\n1.9.1991\nr 7A\ninserted by 187/1991 r 6\n1.9.1991\nr 7B\ninserted by 187/1991 r 6\n1.9.1991\nr 7B(3)\ninserted by 279/1991 r 5\n1.2.1992\nr 8\ninserted by 222/1988 r 2\n27.10.1998\n\nsubstituted by 187/1991 r 7\n1.9.1991\nr 8\n\n\nr 8(1)\nsubstituted by 146/1994 r 3\n25.8.1994\nr 9\ninserted by 245/1988 r 2\n8.12.1988\n\nsubstituted by 3/1989 r 2\n12.1.1989\nr 10\ninserted by 67/1993 r 3\n22.4.1993\nSch\n\n\nForm 1\nvaried by 187/1991 r 8(a)\n1.9.1991\nForm 2\nvaried by 198/1987 r 3\n20.8.1987\n\ndeleted by 187/1991 r 8(b)\n1.9.1991\nForm 3\nvaried by 187/1991 r 8(c)\n1.9.1991\nForm 4\nsubstituted by 187/1991 r 8(d)\n1.9.1991\nForms 5—9\ninserted by 187/1991 r 8(d)\n1.9.1991\nHistorical versions\nReprint No 1—8.2.1995\n\nReprint No 2—1.7.1995\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible. The submitted content is a website error page, not the text of the Landlord and Tenant (Commercial Tenancies) Regulations 1986 (SA). No comparison between original intent and current scope can be made."},"complexity_factors":["No legislative text was provided — only a website error page was submitted","Complexity cannot be meaningfully assessed without the actual regulatory content","Score of 1 reflects the absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"The regulation text could not be retrieved — the submission returned a \"Page Not Found\" error from the SA legislation site, so no confirmed analysis is possible.\n\nFrom its title alone, the instrument would likely govern commercial landlord–tenant relationships in South Australia (leases, rent/outgoings, dispute resolution). To review it, search www.legislation.sa.gov.au or report broken links to OPCWeb@sa.gov.au."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"These regulations narrow and structure the operation of Part 4 of the Landlord and Tenant Act by prescribing forms, fees and procedural rules and by expressly excluding specified tenancy categories from Part 4. Who pays: applicants ordinarily pay a $28 fee to the Commercial Tribunal (r6(1)(c)); no fee is charged for applications under s61 (r6(3)). Who decides: the Commercial Registrar approves application forms (r6(1)(a)); the Tribunal retains transfer/disposal powers but is not required to transfer in specified circumstances (r6AA). Behaviour and compliance effects: parties must use prescribed forms (eg. Form 1 for security bond payments (r5); Form 3 for the prescribed agreement (r6(2)(a)); Form 5 for written statements (r6A)); landlords may exclude the fitness-for-purpose warranty only by drawing a prescribed notice (Form 4) to the tenant before execution and meeting strict placement and type-size rules (r7(1)–(3)); legal practitioners and landlords must supply certificates and notices for five-year terms and abandoned goods using prescribed forms and specified content (rr 7A, 7B). The exclusions (rr 8–10) alter the set of leases subject to Tribunal procedures and therefore change the practical scope of Part 4."},"complexity_factors":["Multiple cross-references to sections of the Landlord and Tenant Act (eg. ss 55, 56, 61, 62, 66, 67A) requiring coordination between instruments","Prescribed, numbered forms in the Schedule (Forms 1–9) that must be used for distinct processes (r5, r6(2), r6A, r7, r7A, r7B)","Fixed application fee and fee exemptions (application fee $28; no fee for s61 applications) (r6(1)(c), r6(3))","Detailed content and formatting requirements for notices (eg. mandatory placement and minimum type size for the warranty exclusion notice) (r7(1)–(3))","Targeted exclusions that remove specific categories of tenancies from Part 4 (hotels tied to named companies, licensed premises, agreements with Treasurer/Port Dock Railway Museum, Aboriginal Lands Trust) (rr 8–10)","Prescriptive obligations for abandoned-goods notices and post-sale reporting (specific sale and cost details required) (r7B(1)–(3))"],"plain_english_summary":"These regulations set the paperwork, fees and procedural steps for commercial tenancy disputes under the Landlord and Tenant Act 1936. They prescribe approved forms and a $28 filing fee for most Commercial Tribunal applications, specify required notices (including a landlord notice that can exclude a fitness-for-purpose warranty), set rules for abandoned goods and five-year term formalities, and carve out particular leases from Part 4. This matters because it changes who must file what, how notices must look, and which commercial leases are handled by the Tribunal."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations began as straightforward administrative machinery (forms, fees, procedures) but expanded significantly through amendments. The 1991 amendments added substantial new substantive provisions: five-year term certificates (7A), abandoned goods procedures (7B), and broad exclusions for licensed premises and brewing company hotels (8). The 1993 addition of the Aboriginal Lands Trust exclusion (r 10) further fragmented the uniform application of commercial tenancy protections. What started as procedural 'machinery' regulations grew into a vehicle for substantive policy carve-outs favouring specific industries and government entities."},"complexity_factors":["Multiple cross-references to the Landlord and Tenant Act 1936 (sections 55, 56, 59-67A) requiring readers to flip between instruments","Prescribed forms (Forms 1-9) referenced throughout but not reproduced in the provided text — the Schedule is essentially empty in this extract","Nested legislative history showing 11 separate amendment instruments between 1987-1996, indicating significant regulatory churn","Specific technical requirements for notice formatting (12 pitch type, 25mm character measurements, Gazette printing standards)","Multiple exclusion clauses with entity-specific carve-outs (brewing companies, Aboriginal Lands Trust, Port Dock Railway Museum) creating a patchwork of applicability","Expired status with transitional provisions (continued application to pre-1997 leases) creating temporal complexity"],"plain_english_summary":"These are South Australian regulations from 1986 that set out the administrative rules for commercial tenancy disputes and agreements under the Landlord and Tenant Act 1936. They cover:\n\n**What it does:**\n- Sets out the forms and fees for applying to the Commercial Tribunal to resolve disputes between commercial landlords and tenants\n- Specifies how security bonds (deposits) must be lodged with the Tribunal\n- Provides rules for when the Tribunal doesn't have to transfer a case to a regular court\n- Prescribes the exact wording and formatting of legal notices that landlords must give tenants about warranties, lease terms, and abandoned goods\n- Excludes certain types of commercial leases from standard protections — specifically hotel leases involving the South Australian Brewing Company group, licensed premises (pubs/bars), and agreements involving the Aboriginal Lands Trust or Port Dock Railway Museum\n\n**Who it affects:**\n- Commercial landlords and tenants in South Australia\n- The Commercial Tribunal (now defunct — these regulations expired in 1997)\n- Specific entities like the Aboriginal Lands Trust and certain brewing companies\n\n**Why it matters:**\nThese regulations were the 'nuts and bolts' that made the commercial tenancy system work — they told people exactly what forms to use, what fees to pay, and what fine print had to appear in leases. The various exclusions meant that hotels, licensed venues, and certain government-related leases played by different rules than ordinary commercial shops. The regulations expired in 1997 when retail shop lease laws took over, but continued to apply to older leases signed before mid-1997."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/landlord-and-tenant-commercial-tenancies-regulations-1986","history":"/api/acts/landlord-and-tenant-commercial-tenancies-regulations-1986/history","analysis":"/api/acts/landlord-and-tenant-commercial-tenancies-regulations-1986/analysis","conflicts":"/api/acts/landlord-and-tenant-commercial-tenancies-regulations-1986/conflicts","importantCases":"/api/acts/landlord-and-tenant-commercial-tenancies-regulations-1986/important-cases","documents":"/api/acts/landlord-and-tenant-commercial-tenancies-regulations-1986/documents"}}