#20094
Jimmy-T
Keymaster

    I have just discovered this (below) on the Tenants Union website.  It suggests quite clearly that the Landlord can refuse permission to sublet if the tenant isn’t going to be living in the property or if the property is going to be overcrowded. It also says the landlord can withhold permission if the=y wish if the tenants are not going to be resident in the sub-let.

    That puts the onus right back on the landlord to make sure their tenants are abiding by your by-laws.

    So my advice would be to pass a by-law limiting the number of residents per apartment (based on the numebr of rooms).

    Pass the by-law allowing video surveiillance of common property.

    Gather your evidence and that put the heat on the landlord at the CTTT.

    Or, alternatively, explain to the landlord that you are about to get very heavy with them, there could be substantial fines involved, they have the right to end the sub-let and the best thing for everyone is for them to just do it.

    Transfer or sub-letting with landlord’s consent

    With the landlord’s written consent, you can:

    • transfer your tenancy under a tenancy agreement to another person, or
    • sub-let the premises (or part) to another person.

    The landlord must not unreasonably withhold consent when:

    • you ask to transfer and one of the original tenants under the current tenancy agreement will remain as a tenant, or
    • you ask to sub-let and you will still occupy the premises.

    Landlord may withhold consent

    The landlord may reasonably withhold consent if:

    • the number of proposed occupants is more than allowed by the tenancy agreement or planning laws
    • the landlord reasonably thinks that the premises will become overcrowded.

    If the proposed transfer or sub-letting is for the whole tenancy or the whole premises, the landlord can withhold consent – whether or not it is reasonable. (My emphasis – JT)

    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.