South Australian Current Acts

LANDLORD AND TENANT ACT 1936

TABLE OF PROVISIONS

           Long Title

   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