South Australian Consolidated Acts

LANDLORD AND TENANT ACT 1936 - SECT 61B

61B—Costs associated with the preparation of a written agreement

        (1)         Subject to subsection (2), where a landlord requires that a written commercial tenancy agreement, or a memorandum of such an agreement, be prepared by the landlord, or a legal practitioner or other person who may lawfully act for a fee on behalf of the landlord, the costs of the preparation of the document, and of any attendances to which subsection (3) applies, must be borne by the landlord.

        (2)         Where—

            (a)         the tenant requests that a lease embodying the terms of the commercial tenancy agreement in registrable form be prepared; and

            (b)         the landlord requires that the lease be prepared by the landlord, or a legal practitioner or other person who may lawfully act for a fee on behalf of the landlord,

the costs of the preparation of the document, and of any attendances to which subsection (3) applies, must be shared equally between the landlord and the tenant.

        (3)         This subsection applies to attendances on the tenant by the landlord, or a legal practitioner or other person acting on behalf of the landlord, in respect of—

            (a)         the preparation or execution of any document that is intended to constitute the commercial tenancy agreement, or a memorandum of such an agreement, or of any lease; or

            (b)         any other prescribed matter,

other than attendances that are attributable to unreasonable and unjustifiable action on the part of the tenant.