1Landlord and Tenant (Commercial Tenancies) Regulations 1986

South Australia Landlord and Tenant (Commercial Tenancies) Regulations 1986 under the Landlord and Tenant Act 1936

Contents 1 Short title 2 Commencement 3 Interpretation 5 Payment of money to Tribunal under security bond 6 Application to Commercial Tribunal under Part 4 of the Act 6AA Circumstances where transfer of action to court not required 6A Written statements 7 Warranty of fitness for purpose 7A Five year terms 7B Abandoned goods 8 Exclusions from certain provisions of Part 4 of Act 9 Exclusions from application of Part 4 of Act of agreement between Treasurer and Port Dock Railway Museum 10 Exclusion from application of Part 4 of Act of commercial tenancy agreements where landlord is Aboriginal Lands Trust Schedule—Lodgement of security bond Legislative history

1—Short title These regulations may be cited as the Landlord and Tenant (Commercial Tenancies) Regulations 1986. 2—Commencement These regulations shall come into operation on 1 January, 1986. 3—Interpretation In these regulations— the Act means the Landlord and Tenant Act 1936. 5—Payment 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. 6—Application to Commercial Tribunal under Part 4 of the Act (1) Subject to this regulation, an application to the Commercial Tribunal under Part 4 of the Act— (a) must be in a form approved by the Commercial Registrar for an application of the relevant kind; and (b) must include such information, and be accompanied by such other documents, as the approved form requires; and (c) must be accompanied by an application fee of $28. (2) For the purposes of section 61(2) of the Act— (a) the prescribed form of agreement shall be Form 3 of the Schedule to these regulations; and (b) an application under that section must be accompanied by an agreement between the parties made in the prescribed form. (3) No application fee is payable on an application under section 61 of the Act. 6AA—Circumstances 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— (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 (b) — (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 (ii) it appears that the increase is attributable solely to the effluxion of time. 6A—Written 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. 7—Warranty of fitness for purpose (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) The notice referred to in subregulation (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 (b) must be— (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 (ii) typed in type not smaller than 12 pitch. (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. 7A—Five year terms (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) 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. 7B—Abandoned goods (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) 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) Pursuant to section 67A(8) of the Act the following information is prescribed: (a) the name and address of the landlord; and (b) the name of the tenant; and (c) the address of the premises the subject of the commercial tenancy agreement; and (d) in relation to each item sold— (i) the date on which the item was sold; and (ii) the person to whom the item was sold; and (iii) the public auction at which the item was sold; and (iv) the amount for which the item was sold; and (v) the costs of removing, storing and selling the item; and (vi) a description of the item. 8—Exclusions from certain provisions of Part 4 of Act (1) Any commercial tenancy agreement between— (a) the occupier of a hotel owned or partially owned by— (i) The South Australian Brewing Company Limited; or (ii) S.A. Brewing Holdings Limited; or (iii) S.A.B. Properties Limited; or (iv) a wholly owned subsidiary company of any of those companies, as tenant; and (b) the owners of the hotel, as landlord, is excluded from the application of sections 59, 60, 61, 62 and 62A of the Act. (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. (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. 9—Exclusions 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. 10—Exclusion 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