South Australian Consolidated Acts

LANDLORD AND TENANT ACT 1936 - SECT 61

61—Payment of security bonds by Tribunal to landlord or tenant

        (1)         The Tribunal may, on application by a landlord or tenant for an order under this section, order that an amount paid under a security bond—

            (a)         be paid in full to the tenant; or

            (b)         be paid—

                  (i)         in part to the landlord to satisfy a liability of the tenant under the commercial tenancy agreement; and

                  (ii)         as to the remainder—to the tenant; or

            (c)         be paid in full to the landlord to satisfy, or towards satisfaction of, a liability of the tenant under the commercial tenancy agreement.

        (2)         Where both landlord and tenant agree that the amount paid under the security bond should be paid out in a stipulated manner and have expressed their agreement in the prescribed form, an order shall be made for payment in accordance with the agreement.

        (3)         Where notice of an application under this section has been given by the applicant to the other party to the agreement and that other party does not within ten days of receiving the notice lodge with the Tribunal a notice of his intention to dispute the application, an order for payment, in the terms sought in the application, shall be made.

        (4)         A tenant may not apply for an order under this section unless—

            (a)         the tenancy has come to an end; and

            (b)         the tenant has vacated the premises.