How to compel EC to issue breach of By Law

Hi,

Recently I read about a case that had been decided by NCAT. NCAT wrote that the owner’s agent contacted the EC about someone chain smoking, with the smoke coming into the unit.

The EC declined to take any action. The tenant ultimate claimed from the owner quite a lot of rent.

So, the question is

1. How can an owner compel the EC to issue a By Law breach?

2. If the EC fails to act, can the owner go to NCAT for them to issue the breach or does the owner have to use some legal tort?

Thanks