#56222
Jimmy-T
Keymaster

    If the couple are living on the premises and they decide to rent a room to 1 or 2 other people, thereby breaching the agreed limit of 2 persons (as per the RTA), then my refusal to consent to this is not “unreasonable”. True?

    This should be contractual – as in the tenants should abide by the terms of the contract – but I am loath to predict how the tribunal would view it.

    For instance, section 137 of the Act effectively (although in a roundabout way) sets the “reasonable” occupancy limit of apartments at two adults per bedroom.

    But then if the tenants have signed a rental contract that set the limit at two adults, aren’t the they being unreasonable in challenging it.

    I think the compromise, given the lingering effects of covid and the resurgence of short-term letting, would be to say that you were prepared to accept another couple for a higher rental.

    But,as Kaindub reiterated, this has nothing to do with by-laws, unless there is overcrowding.

     

     

    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.