@Donswayze said:
Q1 – Can they enforce that you must use a professional removals company?
Yes, just as they can insist that your use qualified and licensed tradespeople.
Q2 – Can they limit your choice to use only their nominated removal company?
No – unless there a specific issues with the building that require skills that only the nominated company possesses. They could try to enforce it but any breach notice would probably be knocked over in NCAT as being unreasonably restrictive and may actually be a restraint of trade. A better by-law would allow for a hefty deposit before the move, and an inspection of common property before and after.
Q3 – Can additional by-laws apply to me given I am an existing tenant?
Yes, but they can’t be retrospective. For instance, a by-law banning pets can’t be enforced on pets already in the building because that relates to an action that has already happened (bringing in a pet). However, they could bring in a by-law to take action against barking dogs because that relates to actions in the future that could be prevented.
Q4 – Does the fact that I am on a rolling arrangement outside of the initial lease agreement waive any of my requirements to comply?
No, unless it materially affects the terms of your original lease. For instance, if they decided to close the gym at 5pm instead of 10 pm and you were a frequent user at 7 pm and had rented on that basis, you would have a valid complaint. In that case your redress would be with the landlord for loss of amenity. But if they banned smoking on the balconies, for instance, you would be hard pressed to argue that you were already a balcony smoker and so it didn’t apply to you (although I’m sure many smokers would say exactly that).