#26087
Lady Penelope
Strataguru

    I agree that you should take this issue up with NCAT.

    Without personally seeing the by-law, and relying on your interpretation of it, the by-law appears to be unreasonable. It does not appear to comply with either the SSMA or the usual LEPs.

    In the intervening period until this matter is sorted out with NCAT you should enter into a 6 month Lease with your tenant or guest as required by the by-laws but you and the tenant can either:

    (1) agree to include a ZERO break fee clause in the additional terms of your tenancy agreement, and/or

    (2) agree to end the Tenancy Agreement at any time if you and the tenant mutually agree.

    To fulfill the requirements of the by-law all the OC needs to know is that a 6 Month Lease is in place.

    The OC should have no input into the additional terms of the lease that you and your Tenant have personally entered into. You can consecutively enter into as many of these 6 month Leases as you require.

    The Tenancy Agreement Form is here: 

    https://www.fairtrading.nsw.gov.au/pdfs/tenants_and_home_owners/residential_tenancy_agreement.pdf