OCBA - Retail leases

Residential property

The law relating to houses and flats comes from the Residential Tenancies Act 1995.

On finding a suitable tenant you:

must give them a copy of the ‘Information Brochure'. It contains valuable information for both you and the tenant

will enter into a tenancy agreement, which can be oral but provides more safeguards for you if it's in writing

should complete two copies of the inspection sheet, one for you and the other for the tenant. The inspection sheets should be completed at the beginning and end of the tenancy.

The bond (or security deposit) is money tenants pay to landlords as security in case tenants do not meet their responsibilities.

The bond must be lodged with the Tenancies Branch at the Office of Consumer and Business Affairs, Level 1, Chesser House, 91-97 Grenfell St, Adelaide within seven days after receiving it or 28 days in the case of payment to an agent.

You must give tenants a receipt for the security deposit and rent, unless rent is paid by direct credit to the landlord's bank account.

You cannot ask for more than two weeks rent in advance before or during the first two weeks of the tenancy, or more than one rent period in the life of the tenancy.

If you need help

Your property remains a good investment while it is cared for and while there are tenants paying rent. You may wish to consider having your property managed by an agent; for more information and advice contact the Real Estate Institute of SA.

Landlords and tenants are encouraged to try resolving any problems by themselves. If self resolution doesn't work, you can:

seek the assistance of a Tenancy Officer who will give you information about the Residential Tenancies Act 1995 and advice on your rights and responsibilities. You can do this by any of the following:

a. visiting the Tenancies Branch on Level 1, Chesser House, 91-97 Grenfell Street, Adelaide

b. telephoning the Tenancies Branch on (08) 8204 9544

c. by writing to the Tenancies Branch at GPO Box 965, Adelaide, 5001

apply to have the matter heard by the Residential Tenancies Tribunal. The Tribunal is an independent body that has jurisdiction to hear and determine disputes regarding residential tenancy agreements.
contact the Landlords' Association, PO Box 2486, Adelaide, 5001 or telephone 0419 804 509.

Retail or commercial property

The relationship between you (as lessor) and your tenant (as lessee), is governed by:

the Retail and Commercial Leases Act 1995
the Landlord and Tenant Act 1936
your lease.

Copies of the legislation are available from:

Service SA
77 Grenfell St, Adelaide SA 5000
Telephone: 13 23 24
http://www.service.sa.gov.au

Leases - retail or commerical

The legislation does not prescribe a standard lease. You will need to engage a conveyancer or lawyer to draw up a lease to suit your needs.

You should be aware that you must not commence negotiations with prospective lessees unless you are able to provide them with a copy of the proposed lease. The benefits of having a lease that sets out the rights and obligations of both parties cannot be overstated.

Before a lease is entered into, you must give a disclosure statement to the prospective lessee. The disclosure statement must be in the form and contain the information prescribed by the legislation.

Bonds - retail and commerical leases

The taking of a bond is optional. If you require a lessee to provide a bond, you must not ask for more than the equivalent of four week's rent. The bond must be lodged with the Tenancies Branch.

Advice

The officers of the Retail and Commercial Leases unit can provide advice and information about the legislation. Please contact the Tenancies Branch on telephone (08) 8204 9533.

They cannot provide you with legal advice or interpret the provisions of your lease. You will need to obtain independent legal advice for this. The Law Society of SA can provide a list of lawyers who practice in the area of retail and commercial leases.

Dispute resolution

If you are in dispute with your lessee, the Retail and Commercial Leases unit can arrange for an independent mediator who can assist you and the lessee in negotiating a settlement of the dispute. This service is only available if both parties agree to go to mediation and contribute equally to the mediator's costs.

Should this not resolve the dispute, or you do not wish to use mediation, you will need to take the matter to the Civil (Consumer and Business) Division of the Magistrates Court for determination. The court is located at 260-280 Victoria Square, Adelaide 5000. It is recommended that you obtain independent legal advice before you consider taking the matter to court.

Copyright
Information on copyright for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=60

Disclaimer
Information on the disclaimer for the Office of Consumer and Business Affairs website is provided on behalf of South Australia Central http://www.sacentral.sa.gov.au/site/page.cfm?u=61

Privacy
The South Australian Office of Consumer and Business Affairs (OCBA) is committed to protecting your privacy and the confidentiality of your personal information, consistent with the South Australian Government's Information Privacy Principles. If you would like to view the full privacy statement please visit: http://www.ocba.sa.gov.au/privacy.html

Webmaster
If you wish to provide feedback on the Office of Consumer and Business Affairs website please contact the Webmaster via email mailto:webmaster@agd.sa.gov.au

Accessibility
Information on accessibility for the Office of Consumer and Business Affairs website can be viewed at: http://www.ocba.sa.gov.au/accessibility.html

Retail leases

On this page