South Australian Consolidated Acts

LANDLORD AND TENANT ACT 1936 - SECT 67

67—Tenancy to continue while extensions or renewals are negotiated

        (1)         Where—

            (a)         a commercial tenancy agreement makes provision for extension or renewal of the term of the tenancy upon its expiration (other than provision for the case where a tenant holds over after its expiration);

            (b)         the tenant gives written notice to the landlord within the period provided in the agreement, or, if no such period is provided, not later than three months before the expiration of the term of the tenancy, that he desires an extension or renewal of the term of the tenancy; but

            (c)         at the expiration of the term agreement has not been reached between the parties in relation to an extension or renewal,

the tenancy shall be deemed to continue upon the same terms and conditions until the matter is resolved by the parties or by determination of the Tribunal made having regard to the terms of the agreement.

        (2)         Where, on the extension or renewal of a commercial tenancy agreement that is continued after its expiration under subsection (1), there is a variation in the rent that is payable under the agreement, that variation shall be deemed to have applied from the date of expiration of the agreement and, where the rent is increased, the amount of the increase shall be payable by the tenant to the landlord and, where the rent decreased, the landlord shall refund to the tenant any amount overpaid.