South Australian Consolidated Acts South Australian Consolidated Acts66AB—Ability of landlord to move tenant to other premises
(1) Where—
(a) the
term of a tenancy is extended under section 66A; and
(b) the
premises form part of a shopping complex,
the landlord is entitled, subject to this section, to require the tenant to
move his or her business to other premises in the shopping complex.
(2) Where—
(a) a
landlord proposes to require a tenant to move his or her business to other
premises in pursuance of subsection (1); or
(b) a
landlord has (apart from this section) the right under the commercial tenancy
agreement to require the tenant to move his or her business to other premises
and proposes to exercise that right,
then the landlord must, at least three months before the business is to be
moved, notify the tenant of the requirement, of the premises to which the
business is to be moved, and of the date on or before which the business is to
be moved.
(3) A tenant may,
within one month after receiving notice under subsection (2) or such
longer period as the Commercial Tribunal may allow, apply to the Tribunal for
relief against the requirement.
(4) On an application
under subsection (3), the Tribunal may—
(a)
annul the requirement; or
(b) make
any adjustment of rights between the landlord and tenant that may be just in
view of the requirement (and for any proposed commercial tenancy agreement
that is to take effect in substitution).
(5) The Tribunal
should in considering an application under subsection (3), take into
account the interests of the landlord, the tenant, and the other tenants that
have premises in the shopping complex.
(6) The Tribunal
cannot annul the requirement unless satisfied that the proposed move would
have a seriously adverse, and enduring, effect on the tenant's business.