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The strata manager of our Kirribilli block has issued a second Notice regarding smoke nuisance caused by tenants smoking dope on their balcony. The Notices were addressed to the “residents” and I was advised by the CTTT that I cannot apply for an order until the names of the occupiers are known. Their RE agent does want to disclose their names and the SM does not want to ask. Is there any solution.?
The first Notice was also to remove 2 dogs being kept in the tiny newly renovated, furnished studio unit. Is the RE agent breaching her contract too ?
See balcony fireflies
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Your strata manager needs to remind the real estate agent of their obligations under section 119 of the Act which is to give notice of a lease including the names of the tenants within 14 days.
https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma1996242/s119.html
scotlandx’s reply might be OK for NSW.But what about other states (eg VIC) where there is no requirement to give the names of tenants to the OC.There same situation must occur. What happens then? Are the tenant names actually needed before notices or orders can be issued? I suspect it’s the owner who then gets the notice or orders.This is a NSW location. Sounds like very dodgy tenants.
I would be calling the police re: dope smoking / possession.
If the pets are being kept in breach of by-law then the tenants are also breaching their tenancy agreement. This is the approach to take with the managing agent. I would be writing to the managing agent officially seeking the S119 documentation and outlining the breaches of by-laws, threaten the managing agent with CTTT action if they do not deal with their tenant. And if the agent does not comply take them to the CTTT.
Alley Cat
@Austman said:
scotlandx’s reply might be OK for NSW.But what about other states (eg VIC) where there is no requirement to give the names of tenants to the OC.There same situation must occur. What happens then? Are the tenant names actually needed before notices or orders can be issued? I suspect it’s the owner who then gets the notice or orders.The Owners Corporation Act in Victoria says that any owner who will not be in their unit for more than three months must give the Owners Corp their address. It doesn’t, however say how you serve a breach notice on someone who has declined to do so and therefore can’t be located.
135. Address of absent owners
A lot owner who does not occupy the lot or who will be absent from the lot for more than 3 months must advise the owners corporation of the lot owner’s mailing address for service of notices and any changes to it as soon as possible.The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
In Victoria an owner, resident or not, can give a PO box number (or any address at all) as their mailing address.
So in reality an OC can sometimes not be sure if a lot is owner occupied or let out. This situation actually exists for one of the apartments in the building where I am on the Committee. But the owner must, by law, must always be contactable (by a mailing address at least).
So my point was, can’t you serve the owner when an ‘occupant’ is to be served a notice? In Victoria at least, it seems that sometimes you have no choice but to do exactly that if you have no idea who the ‘occupant’ actually is.
Maybe you can do this in other states too?
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