#67627
Jimmy-T
Keymaster

    I would suggest the sub-leasing mentioned in the legislation is intended as whole of apartment, and not just renters within the apartment (assuming the leasee is there also).

    This is what section 258 of the Act says:

    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.

    I’m not sure exactly what that means but I reckon if someone has signed a residential tenancy agreement, even if it’s only for one room, then they are a sub-lessee.
    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.