› Flat Chat Strata Forum › Pets: Furry friends … or fiends? › Noisy Bird › Current Page
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.