An assignment of a retail shop lease entered into before the commencement of the Retail and Commercial Leases Act 1995 (SA) does not create a new lease for the purposes of that Act, and the minimum five-year term provision in s 17 does not apply to the assigned lease. The transitional provision in s 81(2)(a) preserves the application of the Landlord and Tenant Act 1936 to such leases. A holding over clause in a fixed-term lease does not make the lease one that 'creates a periodic tenancy' within s 81(2)(b).
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