#18016
Kangaroo
Flatchatter

    Clause 35 of the NSW Standard Residential Tenancy Agreement (SRTA)merely obliges the landlord to give the tenant a copy of the Strata By-Laws within 7 days of the lease being signed (and it usually doesn’t happen).

    There is no obligation in Clause 35 for the tenant to obey the By-Laws.

    In fact, there’s nowhere in the SRTA which requires the tenant to obey the strata By-Laws. A big failing!

    The SSMA section 44(2) seems to oblige tenants to obey the By-Laws, but what tenant has ever read the SSMA?

    Clause 43 of the SRTA is a “cross out whichever is inapplicable” clause which specifies whether the landlord will allow pets or not allow pets, and makes no mention that there might be an overriding By-Law concerning pets.

    The Strata Manager will not know what the landlord allowed in clause 43 because a copy of the SRTA is not provided to the Strata Manager.

    But I agree with your approach. If the landlord has specified no pets, then a call to the rental agent is a lot more efficaceous (because it’s a breach of the lease) than enforcing a strata By-Law via the EC and the CTTT.