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Our Owners Corporation (O/C) is having having difficulties with the Tenants of one Lot who are regularly in Breach of By-Laws as a consequence of their regular domestic disputes, that have already resulted in damage to the Common Property and to the Personal Property of other Residents.
Over the past 3 months these Tenants have been spoken to (nicely) by another Executive Committee (EC) Member and myself, then issued with our Breach of By-Laws Advice letter, then served with a Notice to Comply under Sect. 45; and still the Breaches continue.
The Police and Ambulance have attended on three occasions (I have the Police Event Numbers), and so as Secretary, I contacted the absentee proprietor / landlord and his property manager with a request that they issue a 30 day Termination Notice to the Tenants, as their Tenancy Agreement is still within its fixed term.
That window of opportunity passed without any action by the landlord or his property manager, presumably because the Tenants are paying the rent.
So here's one for our Legal Experts:
As the Strata & Community Titles Division of the Consumer, Trader, and Tenancy Tribunal (CTTT) has in the past been proven quite useless in solving such matters, and as an Owners Corporation (O/C) is not a “person” under the Tenancy Division of the CTTT, and as on the last occasion that I checked, I was a “person”, I was contemplating making an Application for an Order under the Tenancy Division under Cl 187 1(a) of the NSW Residential Tenancies Act 2010 (the Act) to “restrain any action in breach of a tenancy agreement” by the tenants” – i.e. the Clause about compliance with By-Laws.
The Act doesn't include a definition for an “other person” who may make an Application to the CTTT under Cl 187 1(a), so I thought that I may give it a go.
Thoughts on this approach please, and any others that may provide an O/C with an effective avenue to manage dysfunctional tenants in circumstances where proprietor/landlords and their property managers (who are “persons” under the Act) will not act in any way that's contrary to their self-interest.