South Australian Current Acts

RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 20H

20H—Failure to comply with rules

        (1)         If a lessor fails, in any respect, to comply with the rules prescribed in Subdivision 2 and the lessee has, in the circumstances of the case, been prejudiced by the failure, the lessee—

            (a)         may lodge a notice of dispute with the Commissioner setting out the lessee's grounds of complaint and applying for mediation of the dispute; or

            (b)         may apply to the Magistrates Court for orders resolving the dispute.

        (2)         If a notice of dispute is lodged with the Commissioner under subsection (1)(a)—

            (a)         the Commissioner (or a mediator appointed by the Commissioner) will attempt to resolve the dispute by conciliation; and

            (b)         if the dispute is not resolved by conciliation, the Commissioner must, on application by either party, refer the dispute to the Magistrates Court.

        (3)         On an application or reference under this section, the Court may make any order it considers appropriate to resolve the dispute.

        (4)         In particular, the Court may—

            (a)         order the lessor to renew or extend the lease, or to enter into a new lease with the lessee, on terms and conditions approved by the Court (but not to the prejudice of the rights of a third party who has in good faith acquired an interest in the premises); or

            (b)         order the lessor to pay compensation (not exceeding 6 months' rent under the lease) to the lessee.

        (5)         A fee prescribed by regulation is payable on lodging of a notice or an application under this section.