South Australian Current Acts

LANDLORD AND TENANT ACT 1936 - SECT 54

54—Interpretation

In this Part, unless the contrary intention appears—

"administrative and management costs" in relation to premises means—

            (a)         costs associated with—

                  (i)         managing the premises; or

                  (ii)         providing amenities for the use or enjoyment of tenants or those who may resort to the premises; or

                  (iii)         promoting the use of the premises by the public or promoting any business carried on at the premises; or

                  (iv)         providing for the security of the premises; or

                  (v)         providing caretaking services for the premises; or

                  (vi)         any other prescribed matter; and

            (b)         if the premises form part of a shopping complex—any such costs associated with the complex as a whole;

"business" means an undertaking (whether or not carried on with a view to profit) involving the manufacture, sale or supply of goods or services;

"commercial tenancy" or "tenancy" means the right of occupancy under a commercial tenancy agreement;

"commercial tenancy agreement" means an agreement under which a person grants to another for valuable consideration a right to occupy, whether exclusively or otherwise, premises for the purpose of carrying on a business;

"the Commercial Tribunal" or "the Tribunal" means the Commercial Tribunal established under the Commercial Tribunal Act 1982;

"government charges" means—

            (a)         any rates or taxes on land or premises;

            (b)         any fees, charges or levies chargeable by the Crown, a council or a statutory authority for services provided to land or premises;

"landlord" means the grantor of a right of occupancy under a commercial tenancy agreement and includes his successors and assigns;

"licensed agent" means a person licensed as an agent under the Land Agents, Brokers and Valuers Act 1973;

"licensed land broker" means a person licensed as a land broker under the Land Agents, Brokers and Valuers Act 1973;

"maintenance costs" in relation to premises includes—

            (a)         the costs of—

                  (i)         operating, maintaining, repairing or renovating the premises; and

                  (ii)         providing, operating, maintaining, repairing or replacing plant or equipment associated with the premises; and

            (b)         if the premises form part of a shopping complex—any such costs associated with the complex as a whole;

"operating expenses" means expenses that may be recovered by or on behalf of the landlord from the tenant under a commercial tenancy agreement on account of—

            (a)         administrative and management costs; or

            (b)         government charges; or

            (c)         insurance costs; or

            (d)         maintenance costs; or

            (e)         any prescribed expenses,

but for the purposes of section 62A does not include any such expenses determined according to the level of the tenant's consumption or the degree of the tenant's use;

"premises" includes—

            (a)         any part of premises; and

            (b)         land and appurtenances appurtenant to premises; and

            (c)         unimproved land;

"registrable form" in relation to a lease means the form appropriate for registration of the lease in the Lands Titles Registration Office or if the land to which the lease applies (or is to apply) is not under the Real Property Act 1886 in the General Registry Office;

"related guarantee" in relation to a commercial tenancy agreement means a guarantee under which the guarantor guarantees the performance of obligations by the tenant under the commercial tenancy agreement;

"rent" means an amount payable by a tenant to a landlord under a commercial tenancy agreement in consideration of the right to occupy the premises to which the agreement relates (but does not include any amount payable by the tenant under the agreement in respect of operating expenses);

"security bond" means an agreement (whether included in or collateral to a commercial tenancy agreement) under which an amount is paid by a tenant as security for the performance of his obligations under a commercial tenancy agreement;

"shop premises" means business premises—

            (a)         at which goods are sold to the public by retail; or

            (ab)         at which services are supplied to the public; or

            (b)         to which the public is invited with a view to negotiating for the supply of services;

"shopping complex" means a set of two or more shop premises in the same building or in adjacent buildings subject to the same administration or control and includes any adjacent land subject to the same administration or control that is used in conjunction with those premises;

"small claim" means a small claim within the meaning of the Local and District Criminal Courts Act 1926;

"tenant" means the grantee of a right of occupancy under a commercial tenancy agreement and includes his successors and assigns.