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  • #8429
    sltflatchat
    Flatchatter

      The EC wanted to inform the owner to blacklist a leasing agent who has in the past been leasing the unit to “undesirable” tenants. EC contacted the Strata Manager who advised that they only have details of the leasing agent (who refused to reveal address of the owner).  Can the leasing agent refuse to provide the owner’s correspondence details?

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    • #16645
      scotlandx
      Strataguru

        The owner of the property has to be on the strata roll. The strata manager can’t refuse to tell you who owns the property, i.e. the person listed as the owner on the strata roll. Taking an example, if there were a breach of a by-law by the owner or occupier of of the lot, then you would have to be able to communicate with them. If the agent is listed as the registered address for the owner, then that is who you serve notices on.
        Unless there is specific provision in your by-laws, you can’t tell an owner not to use a specific agent. If they are renting to undesirable tenants you would have to determine if there has been a breach of the by-laws and serve a notice to comply.

        #16656
        sltflatchat
        Flatchatter
        Chat-starter

          The strata manager says that the only correspondence address in the roll is the agent’s. It appears that the agent may not have done a thorough check on the tenants of the unit.  Notices to comply (NTC) were sent to previous tenants who eventually moved out.  Despite many NTCs, the current tenant refuses to comply. The Executive Committee wishes to inform the owner of the many problems encountered with past and present tenants brought in by the agent. The EC cannot contact the owner because the agent refuses to provide the owner’s correspondence address. So, the question is: Can the agent refuse to provide the owner’s correspondence address?

          #16662
          Whale
          Flatchatter

            Whilst I don’t think that the Agent should refuse to supply the Owners Corporation with the Proprietor’s address, they’ll likely quote “privacy rules” as an excuse for that refusal.

            Scotlandx is correct – assuming you’re in NSW, the Strata Roll only needs to show Proprietors’ “address for the service of notices”, and that can be their (rental) agent’s address. Similarly S118 Notifications provided to Owners Corporations whenever a Lot is sold/acquired need only provide an “address for the service of notices”.

            So you could try a search of ownership on the NSW Land & Property Information website, but I’m not sure about how much detail is publicly available.

            If that search yields insufficient details, then why not put a letter outlining your E/C’s concerns about the Rental Agent and their tenant selections a sealed envelope marked “private (proprietor’s name) only”, and then mail or deliver that to the Rental Agent and ask them to forward it on to the Proprietor?

            With regard to the NTC, these should be served on the tenants with a copy to the Proprietor c/- the Rental Agent together with a note to the Agent explaining that the NSW Local Court has ruled that once a Proprietor (or their Agent) has been made aware of a Breach of By-Laws by their tenant, they legally adopt the problem and are as responsible for the Breach and the consequences arising from it as the tenant is, including in the NSW Consumer Trader & Tenancy Tribunal (CTTT).

            If that doesn’t resolve the Breach/s, then have your Owners Corporation or its Strata Manager follow the procedures to seek Orders (to comply) from the Strata Division of the CTTT.

            #16664
            FlatChatFan
            Flatchatter

              Another option may be to visit your local Council office and ask if you could see details of the property.  I know people who are interested in purchasing a property can do that and I checked out the place I was living in at the time.

              The council map showed the owner’s name and address and previous owners.

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