South Australian Consolidated Acts

HOUSING IMPROVEMENT ACT 1940 - SECT 56D

56D—Interference with use or enjoyment of premises

        (1)         Any person who, without the consent of the tenant of any house in respect of which a notice fixing the maximum rental thereof is in force under this Part, or without reasonable cause (proof whereof shall lie upon the defendant), does, or causes to be done, any act, or omits, or causes to be omitted any act whereby the ordinary use or enjoyment by the tenant of the house or of any furniture or other goods let therewith, or of any conveniences usually available to the tenant, or of any service supplied to or provided in connection with the house is interfered with or restricted, shall be guilty of an offence against this Act.

        (2)         Where the landlord, or any agent or servant of the landlord, has been convicted of an offence under subsection (1) of this section, the court may order the landlord to do such things as are necessary to enable the tenant to resume the ordinary use or enjoyment of the house, furniture, goods, conveniences, or service.

        (3)         Any landlord against whom an order is made under subsection (2) of this section who fails or neglects to comply with the order shall be guilty of an offence against this Act.

        (4)         For the purpose of this section, conveniences shall be deemed to be usually available to the tenant where, before the use of the conveniences was interfered with or restricted without his consent, he was allowed, at all times during the tenancy to use those conveniences as he desired or was allowed to use those conveniences at times permitted by the landlord.