South Australian Current Acts

RETAIL AND COMMERCIAL LEASES ACT 1995 - SECT 14

14—Lease preparation costs

        (1)         If the lessee is liable to pay an amount to the lessor for legal or other expenses incurred by the lessor in connection with the preparation and registration of a retail shop lease ("preparatory costs"), the lessee cannot be required to make the payment until provided with a copy of any account given to the lessor for the expenses.

"Preparatory costs" include—

            (a)         fees charged by a mortgagee for producing a certificate of title for the land over which a retail shop lease is to be registered or for consenting to the lease;

            (b)         the costs of attendances on the lessee by the lessor, or a lawyer or registered conveyancer acting for the lessor.

        (2)         The lessee's liability for preparatory costs cannot exceed—

            (a)         the actual amount of the government fees for registration of the lease; and

            (b)         one-half of the other preparatory costs.

        (3)         However, this section does not limit the recovery of preparatory costs incurred by the lessor from a person who enters into and then withdraws from negotiations with the lessor.