South Australian Consolidated Acts South Australian Consolidated Acts (1) Where a commercial
tenancy agreement is terminated and goods are left on the premises that were
subject to the agreement, the landlord may, after the expiration of two days
from the termination of the agreement, remove and destroy or dispose of the
goods if—
(a) the
goods are perishable foodstuffs; or
(b) the
value of the goods is less than the total estimated cost of the removal,
storage and sale of the goods.
(2) Where a commercial
tenancy agreement is terminated, the landlord must store in a safe place and
manner for a period of not less than 60 days any goods left on the premises
that were subject to the agreement and not removed for destruction or disposal
under subsection (1).
(3) A landlord must
before the expiration of seven days after he or she has stored goods under
subsection (2)—
(a)
where the tenant has informed the landlord of a forwarding address—send
a notice to the tenant at that address in the form prescribed for the purposes
of this paragraph; and
(b) send
to any other person who has to the knowledge of the landlord an interest in
the goods and whose name and address are known to or reasonably ascertainable
by the landlord, a notice in the form prescribed for the purposes of this
paragraph; and
(c)
cause a notice in the form prescribed for the purposes of this paragraph to be
inserted in a newspaper circulated generally throughout the State.
(4) A person who has a
lawful right to goods removed and stored under subsection (2) may at any
time before the goods are sold under subsection (5) reclaim the goods by
paying to the landlord—
(a) the
reasonable costs of removing and storing the goods; and
(b) the
reasonable costs of giving notice under subsection (3)(c); and
(c) any
other reasonable costs incurred by the landlord as a result of the goods being
left on the premises.
(5) Where goods are
stored under subsection (2) and have not been reclaimed within
60 days after the day on which they where removed and stored, the
landlord must as soon as practicable after the expiration of that period cause
them to be sold by public auction.
(6) If goods are
stored, removed and sold by public auction under this section, the landlord
may retain out of the proceeds of sale—
(a) the
reasonable costs of removing, selling and storing the goods; and
(b) the
reasonable costs of giving notice under subsection (3)(c); and
(c) any
other reasonable costs incurred by the landlord as a result of the goods being
left on the premises; and
(d) any
amount owed by the tenant under the commercial tenancy agreement.
(7) Where goods are
sold under this section, the landlord must pay—
(a) to
the tenant; or
(b) if
the landlord does not know the whereabouts of the tenant—to the
Tribunal,
the balance of the proceeds of sale remaining after deduction of the amounts
that the landlord is entitled to retain under subsection (6).
(8) The landlord must,
when making a payment to the Tribunal under subsection (7), furnish the
Tribunal with a notice containing the prescribed information.
(9) Any money paid to
the Tribunal under subsection (7) will be paid into the Fund.
(10) Where an
application is made to the Tribunal by a person claiming any amount paid into
the Fund under this section, the Tribunal may, upon being satisfied that the
person is entitled to the amount, order that the amount be paid to the person.
(11) Where goods are
sold by public auction under this section, the purchaser will, unless he or
she has actual notice of any interest in the goods of any person other than
the tenant, acquire a good title to the goods in defeasance of any such
interest.
(12) Where a dispute
arises between a landlord and a tenant in respect of goods to which this
section applies, the Tribunal may, upon application by either party to the
dispute, order the payment of any amount or make such other order as the
Tribunal considers appropriate in the circumstances.
"Division 4—Disputes arising under commercial tenancy agreements