- This topic has 1 reply, 1 voice, and was last updated 9 years, 1 month ago by .
-
Topic
-
This is a 32 unit strata in NSW.
There is a unit that may be letting out to tenants that the OC does not know about.
Evidently the person who signed the lease lives in another city and only visits the leased sight every weekend or so.
They have not observed the by- laws previously but on being put on notice observed the by-laws.
If the Managing Agent were to ask the real estate agent for the names of the tenants, it would be very doubtful if the names given would be the same as those who were original tenants, if in fact they were there at all.
What can be done about this as different nationalities have been observed entering and leaving the unit on a weekly basis.
It does appear that the leasees is doing business on a subletting basis
-
Replies
-
The Owner should be contacted about the names of the Tenants. The Owner has certain obligations under [s258] to notify the OC about the identity of the Tenants and any sub leases. The Owner may be fined if these obligations are not met.
The meaning of “lessor” of a leasehold strata scheme means the person who holds the fee simple in the lots and common property in the scheme.
258 Tenancy notice to be given to owners corporation of leases or subleases
(1) If a lot is leased, the lessor must give notice of the lease, in accordance with this section, to the owners corporation not later than 14 days after the commencement of the lease.
Maximum penalty: 5 penalty units.
(2) If a lot is subleased, the sub-lessor must give notice of the sublease, in accordance with this section, to the owners corporation not later than 14 days after the commencement of the sublease.
Maximum penalty: 5 penalty units.
(3) If a lease or sublease of a lot is assigned, the assignor must give notice of the assignment, in accordance with this section, to the owners corporation not later than 14 days after the execution of the assignment.
Maximum penalty: 5 penalty units.
(4) The notice must be in writing and specify:
(a) the name of the tenant and an address for service of the tenant, and
(b) the date of commencement or assignment of the lease or sublease, as the case requires, and
(c) the name of any agent acting for the owner in respect of the lease or sublease.
Note : An address for service of notices may be an Australian postal address or other electronic address, including an email address (see section 261).
(5) This section does not apply to the lease of a lot by the lessor of a strata leasehold scheme to a lessee who is the owner of a lot.
(6) A notice under this section is to be given to the original owner if it is given during the initial period of the owners corporation for a strata scheme.