#27414
Lady Penelope
Strataguru

    Thank you Whoopi – I have included two different extracts below that you might find useful.

    The first extract deals with tenant’s rights under the TRA 2010. You, as an owner, should have the same rights for Notice as a tenant and certainly not less rights than a tenant, so the tenant time frames for Notice can still be used as an argument in your case. It would be unreasonable for an owner in a strata scheme to have less rights than a tenant in that same scheme.

    The second extract is from SSMA 2015 and is less specific about time frames for Notice. 

    “The amount of notice you or your agent must give to the tenant depends on the reason for entering the premises.

    In addition to reasons below, you, your agent, or any other person acting on your behalf can access the property at any time for any reason if the tenant consents, which may also include agreeing to a shorter period of notice.

    Reason

    Notice required

    To inspect the premises (no more than four times per year) At least 7 days writtennotice
    To do ordinary repairs or carry out maintenance At least 2 days notice 
    To carry out urgent repairs, such as fixing a burst water pipe, a gas leak or a blocked toilet (see clause 19 of the lease for a full list of matters considered to be urgent repairs)  None

    To comply with health and safety obligations, such as installing smoke alarms At least 2 days notice
    To obtain a property valuation (no more than once in 12 month period) At least 7 days notice 
    To show a prospective tenant (only permitted in the last 14 days before the existing tenancy is due to end) Reasonable notice on each occasion
    In an emergency  None
    If you have tried to contact the tenant and been unable to do so and have reasonable cause for serious concern about the health or safety of the tenant or other occupants None 
    If you reasonably believe the premises have been abandoned None 
    To show the premises to prospective buyers 2 weeks written notice before first inspection.
    Subsequent inspections as agreed with the tenant or, if there is nothing agreed, no more than 2 inspections per week, with 48 hours notice each time
    In accordance with a NSW Civil and Administrative Tribunal order As determined by the Tribunal

    Time limits on access

    In most circumstances, access is not permitted on Sundays, public holidays or outside the hours of 8am to 8pm. You must not stay on the premises longer than is necessary to achieve the purpose given for access. Where practical, the tenant should be notified of the time when access will be required. These limits do not apply in an emergency, to carry out urgent repairs, if the tenant agrees otherwise, if the premises are abandoned or if access is in accordance with a Tribunal order.”

     

    SSMA Section 122 Power of owners corporation to enter property in order to carry out work

     

    (1) An owners corporation for a strata scheme may, by its agents, employees or contractors, enter on any part of the parcel of the scheme for the purpose of carrying out the following work:

    (a) work required or authorised to be carried out by the owners corporation in accordance with this Act (including work relating to window safety devices and rectification work carried out under Part 11),

    (b) work required to be carried out by the owners corporation by a notice given to it by a public authority,

    (c) work required or authorised to be carried out by the owners corporation by an order under this Act.

    (2) An owners corporation for a strata scheme may, by its agents, employees or contractors, enter on any part of the parcel for the purpose of determining whether any work is required to be carried out by the owners corporation in accordance with this Act.

    (3) In an emergency, the owners corporation may enter any part of the parcel for those purposes at any time.

    (4) In a case that is not an emergency, the owners corporation may enter any part of the parcel for those purposes with the consent of any occupier of that part of the parcel or, if the occupier does not consent, in accordance with an order of the Tribunal under this Division.

    (5) A person must not obstruct or hinder an owners corporation in the exercise of its functions under this section.

    Maximum penalty: 5 penalty units.

    (6) An owners corporation is liable for any damage to a lot or any of its contents caused by or arising out of the carrying out of any work, or the exercise of a power of entry, referred to in this section unless the damage arose because the owners corporation was obstructed or hindered.