#18258
Jimmy-T
Keymaster


    @Kangaroo
    said:

    … you’re both missing two points:.1) Tenants don’t usually read the s44 of the Act, so are unaware of their obligation.

    2) If the standard lease were modified to include a By-Law compliance clause (as in QLD), then the OC would have an extra avenue to ensure compliance – a By-Law breach would be a Breach of Lease, which could (eventually) lead to eviction.

    The ‘point’ (of the question raised) is that the law clearly requires tenants to abide by by-laws. This is unquestionable and is not debatable (unless you are a CTTT adjudicator).  

    Your point 1 – that tenants don’t read the Act –  is speculative (albeit with a high probability of of accuracy).

    I think the lease should be modified to TELL tenants that they have to abide by by-laws (as I will be saying in my Flat Chat column next week) but  the fact that it doesn’t shouldn’t excuse them from being pursued for breaches of the by-law.

    But consider this – if you send a tenant or an owner a Notice To Comply, it must include a reference to the by-law they are alleged to have breached.  Only someone who was off their meds (or a CTTT adjudicator) would excuse someone for a subsequent breach on the basis that they didn’t known there was a by-law.

    And, by the way, tenants do get evicted for consistently breaching by-laws, whether they have read them or not.

    However, being a belt and braces kind of guy, I agree there should be a line in the standard lease saying tenants must abide by the strata scheme’s by-laws or they will be in breach of their tenancy agreement and could face eviction.

    It doesn’t change anything except put the onus firmly on the tenants to find out what the by-laws are.

    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.