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[sealion]

Hello:

Can anyone tell me what section of the Strata Legislation in NSW allows the strata manager to receive a copy of the lease between the tenant and the owner? I do not see how all the information in the lease is relevant. If the strata manager needs the name and contact details of the tenant for repairs, that is one thing, but why do they need to know the tenants address at the time of signing the lease or the amount of rent negotiated, or any other information in the lease?

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[Jimmy-T]

Section 119 of the Act (below) requires only that the landlord supply details of the name of the tenant, the commencement date of the lease and the name of an agent, if any.

The only circumstances that I can imagine where a strata manager might be able to demand to see the details of a lease would be in a Fair Trading mediation or an NCAT hearing where there was a reasonable suspicion that the landlord had included something in the lease that constiuted a breach of by-laws.

For instance, and this is not unknown, landlords occasionally include parking as part of their rental agreement but have “allocated” the tenant a visitor parking space. The tenant believes they have rented a parking space and finds themselves in breach of the by-laws as a result.

119   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 within 14 days after the commencement of the lease.
Maximum penalty: 5 penalty units.

(2)  If a lot is subleased, the sublessor must give notice of the sublease, in accordance with this section, to the owners corporation within 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 within 14 days after the execution of the assignment.

Maximum penalty: 5 penalty units.

(4)  The notice must specify:

(a)  the name of the lessee, sublessee or assignee, 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.

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