South Australian Consolidated Acts South Australian Consolidated Acts66—Implied warranty that premises reasonably fit for business of tenant
(1) Where a landlord
had, before entering into a commercial tenancy agreement, notice from the
tenant that the premises were required for carrying on a particular business,
the agreement shall subject to subsection (2) be deemed to include a
warranty that the premises will, for the duration of the agreement, be
structurally suitable for that purpose.
(2) The warranty
referred to in subsection (1) is excluded if the landlord gives notice of
the exclusion, in the prescribed manner and form, before execution of the
agreement by the tenant.
(3) Where—
(a) a
commercial tenancy agreement includes the warranty referred to in
subsection (1); and
(b) the
tenant assigns his or her rights under the agreement, or sublets the premises
subject to the agreement; and
(c) the
premises continue to be used for a business of the same kind,
the person who obtains a right to occupy the premises by virtue of the
assignment or subletting may sue on the warranty in his or her own right.
(4) In any proceedings
for breach of the warranty referred to in subsection (1), it is a defence
for the landlord to prove—
(a) that
the premises were structurally suitable for the relevant purpose at the time
that the commercial tenancy agreement was entered into; and
(b) that
any change in the structural suitability of the premises is not attributable
to any act or omission of the landlord.