[fhutt]

After reading all the responses I think the bast option to deal with tenants breaching by-laws is via the landlord.

The landlord alone (+ the Tribunal) has the power of termination.

The Strata Committee only has the power to issue a notice to comply followed by an application for a penalty that a tenant might appeal. For self managed schemes the Committee would need to get involved to issue a notice to comply. A lot of work for little gain.

I would like to thank everyone who contributed to in this post.

[fhutt]

S, 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 link to the legislation states the Tribunal MAY order termination. It doesn’t state that only the Tribunal may order a termination.

I don’t see how termination would be  harsh, unconscionable or oppressive when that tenant outright refuses to comply with some by-laws. This tenant even ignores any communication from the Owners Corporation and only communicates with the leasing agent. Also, what about the tenant staying and causing a harsh, unconscionable or oppressive environment to other residents due the non compliance of by-laws.

David Ng, thank you for your comments. I agree that a termination notice by a tenant during  a fixed term may attract a break fee, but the landlord may waive that fee to get rid of that tenant.

Usually such behaviour extends into the periodic term of a lease when the there would be no break fee.

But my original question was – would that by-law be an illegal one and would a tribunal strike it down?

[fhutt]

Thank you for your reply S.

The By-Law suggested does not evict a tenant but requires the tenant to provide a Termination Notice to the landlord. I admit the overall effect is the same, but the Owners Corp does not actually evict or provide a Termination Notice.

If however, NCAT sees this as you suggest and dismiss the request to have the tenant provide  a Termination Notice I have gained nothing.

Could you point me to the legislation where it states that only the NCAT can evict tenants?

[Author]

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