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[stepmit]

my wife owns a bedsit unit in inner Sydney which she rents out. The neighbour is the son of the owner however it is kept in a very poor state of repair and cleanliness. In fact the tenants are moving out due to the smell and cockroaches. Orders to clean the flat to the owner from the body corporate have been ignored. My question is what are her options? Can my wife work to get this guy evicted for example?

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[DaveB]

You need a bit more detail about what the Owners Corporation have done.  In what form were the orders to the Owner?  If the Owners Corporation have issued a Notice to Comply with a By-law then it can be followed up with a fine imposed on the Owner for a continuing breach of the By-law.  The OC cannot evict a tenant, as leases are between the Owner and Tenant, in this case it may just be an informal arrangement between father and son.  As we’ve said before in this forum, notices need to be formally issued and there really is only a need for the one notice, successive letters on the same subject only indicate to the recipient that there is a lack of resolve by the Executive Committee and or Managing Agent to follow up. 

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[stepmit]

We have contacted the managing agent to get copies of the notices they have given. Apparently there has been a few of them. They don’t really want to take action as the father is a judge and writes them 20 page long letters to intimidate them So they fear taking it further will be very costly and it is only my wife’s flat afetched apparently. Will do some more digging.

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