#63517
Jimmy-T
Keymaster

    Section 258 Tenancy notice to be given to owners corporation of leases or subleases may also apply here, although if to an owner, sub-clause 5 would probably apply.

    OK, this (below) is what Sam is talking about, just in case you haven’t committed the  Strata Act to memory.  FYI, it might only apply to car spaces that are separate lots rather than common property car spaces subject to exclusive use provisions.

    By the way, this is exactly the kind of question that Fair Trading will decline to answer definitively and NCAT will say is a Fair Trading issue.

    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.