Hi fhutt,
Just a quick reply.
I noticed the term ‘No eviction by Owners Corporation’ in your link to the Tenants Union.
But, that is not legislation. I would like to find that.
The agreement is not between the OC and the tenant and when you read the legislation the only party they reference that can apply for termination is the landlord ie therefore only the landlord or their agent. If you read part 9, you see this confirmed as to who can apply to NCAT in relation to breaches:
(1) A landlord or a tenant may apply to the Tribunal for an order in relation to a breach of a residential tenancy agreement within the period prescribed by the regulations after the landlord or tenant becomes aware of the breach or within such other period as may be prescribed by the regulations.
(2) An application may be made—
(a) during or after the end of a residential tenancy agreement, and
(b) whether or not a termination notice has been given or a termination order made.
(3) A landlord’s agent may make an application on behalf of a landlord.
- A landlord may warn a tenant that they are breaching the residential tenancy agreement.
- A landlord may apply to the NSW Civil and Administrative Tribunal (NCAT) for an order that the tenant stops breaching (breaking) the tenancy agreement.
- In the most serious cases the landlord may give a tenant a termination notice then apply to NCAT for an order terminating the tenancy.
The link to the legislation states the Tribunal MAY order termination
I believe the use of the word MAY in this context is because until they review they may rule in favour of the tenant, so it’s not a given that they will.
I think circle back to Jimmy’s advice (pasted below) is your best option:
So if the tenants breaches the by-laws and the owner does nothing to stop it, like cancelling the lease, go after the owner. It’s not as simple as one breach and you’re out, but persistent offenders put themselves and their landlords on the wrong side of strata law.
Anyhow, I could be wrong but I do think the by-law you’re considering isn’t in the spirit of the law. However if you wanted to pursue it perhaps you should discuss with a lawyer and prior to doing that understand the support of other OC members as I suspect many of the landlords would not be supportive of this by-law and if you don’t have the numbers you would have invested a lot of time and energy needlessly whereas you could have put that time and energy into pursuing the landlord.
Best of luck, hope you get the matter resolved.