#36049
Jimmy-T
Keymaster

    Louie said:

    Apparently his Real Estate has not notified our Managing Agents that there is a tenant in the premises.  Our Managing Agents said by law, he cannot issue notices for the tenant to the Real Estate, as they do not officially know there is a tenant.

    Then your managing agent should issue the owner with  a breach notice under Section 258 (below): Maximum fine $550. What are you paying them for if they can’t even do the basics?

    258 Tenancy 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 not later than 14 days after the commencement of
    the lease.
    Maximum penalty: 5 penalty units.
    (2) If a lot is subleased, the sub-lessor must give notice of the sublease, in accordance
    with this section, to the owners corporation not later than 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 not later than
    14 days after the execution of the assignment.
    Maximum penalty: 5 penalty units.
    (4) The notice must be in writing and specify:
    (a) the name of the tenant and an address for service of the tenant, 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.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.