South Australian Consolidated Acts

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LANDLORD AND TENANT ACT 1936 - SECT 4

4—Proceedings by landlord for non-payment of rent

        (1)         In every case between a landlord and tenant, if—

            (a)         one half-year's rent is in arrear; and

            (b)         the landlord has by law the right to re-enter for non-payment thereof,

the landlord may bring an action for recovery of the demised premises without making any formal demand for the rent or any re-entry, and the service of the writ in that action shall have the effect of a demand and re-entry.

        (2)         If the lessee or his assignees or other person claiming or deriving under the lease permits and suffers judgment to be recovered in the action and execution to be executed thereon without paying the rent and arrears together with full costs and without proceeding for relief on equitable grounds within six months after such execution executed, the said lessee, his assignees, and all other persons claiming under the lease shall be barred and foreclosed from all relief or remedy legal or equitable other than by appeal, and the landlord shall thereafter hold the demised premises discharged from the lease.

        (3)         Nothing in this section shall bar the right of any mortgagee of the lease or any part thereof who is not in possession, if such mortgagee within six months after such execution executed pays all rent in arrear, and all costs and damages sustained by the landlord, and performs all the covenants and agreements which on the part and behalf of the first lessee are and ought to be performed.



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