How do we identify tenants who are sub-letting? | Rental rants | Flat Chat Forum: Your Questions Answered




A A A

You must be registered and logged in to reply to posts or post new topics. Click on "How to Use This Forum" for simple instructions on how to get on board. NB: Please do not use your real name or email address as your screen name - if you do it will be changed to something less insecure.

Avatar

Please consider registering
Guest

Search

— Forum Scope —




— Match —





— Forum Options —





Minimum search word length is 3 characters - maximum search word length is 84 characters

Register Lost password?
sp_Feed sp_PrintTopic sp_TopicIcon
How do we identify tenants who are sub-letting?
Avatar
Felix
Flat(chat)Mate
Members
Forum Posts: 124
Member Since:
02/10/2012
sp_UserOfflineSmall Offline
1
17/07/2017 - 4:47 pm
sp_Permalink sp_Print

This is a 32 unit strata in NSW.

There is a unit that may be letting out to tenants that the OC does not know about.

Evidently the person who signed the lease lives in another city and only visits the leased sight every weekend or so.

They have not observed the by- laws previously but on being put on notice observed the by-laws.

If the Managing Agent were to ask the real estate agent for the names of the tenants, it would be very doubtful if the names given would be the same as those who were original tenants, if in fact they were there at all.

What can be done about this as different nationalities have been observed entering and leaving the unit on a weekly basis.

It does appear that the leasees is doing business on a subletting basis

Avatar
Lady Penelope
StrataGuru
Members

Full Members
Forum Posts: 430
Member Since:
13/02/2016
sp_UserOnlineSmall Online
2
18/07/2017 - 9:15 am
sp_Permalink sp_Print sp_EditHistory

The Owner should be contacted about the names of the Tenants. The Owner has certain obligations under [s258] to notify the OC about the identity of the Tenants and any sub leases. The Owner may be fined if these obligations are not met.

The meaning of "lessor" of a leasehold strata scheme means the person who holds the fee simple in the lots and common property in the scheme. 

 

258 Tenancy notice to be given to owners corporation of leases or subleases

 

(1) If a lot is leased, the lessor must give notice of the lease, in accordance with this section, to the owners corporation not later than 14 days after the commencement of the lease.

Maximum penalty: 5 penalty units.

(2) If a lot is subleased, the sub-lessor must give notice of the sublease, in accordance with this section, to the owners corporation not later than 14 days after the commencement of the sublease.

Maximum penalty: 5 penalty units.

(3) If a lease or sublease of a lot is assigned, the assignor must give notice of the assignment, in accordance with this section, to the owners corporation not later than 14 days after the execution of the assignment.

Maximum penalty: 5 penalty units.

(4) The notice must be in writing and specify:

(a) the name of the tenant and an address for service of the tenant, and

(b) the date of commencement or assignment of the lease or sublease, as the case requires, and

(c) the name of any agent acting for the owner in respect of the lease or sublease.

Note : An address for service of notices may be an Australian postal address or other electronic address, including an email address (see section 261).

(5) This section does not apply to the lease of a lot by the lessor of a strata leasehold scheme to a lessee who is the owner of a lot.

(6) A notice under this section is to be given to the original owner if it is given during the initial period of the owners corporation for a strata scheme.

Forum Timezone: Australia/Sydney

Most Users Ever Online: 518

Currently Online: scotlandx, dingo, Lady Penelope
26 Guest(s)

Currently Browsing this Page:
1 Guest(s)

Top Posters:

kiwipaul: 613

struggler: 459

Austman: 304

Billen Ben: 232

Millie: 203

Kangaroo: 168

considerate band fair: 167

Cosmo: 166

FlatChatFan: 147

daphne diaphanous: 137

Newest Members:

bhawesh

David Solomon

Tim349VicPl

Mariner

aylwardgame

reddant

danih

slicendice

Maun Warrior

Rayjen

Forum Stats:

Groups: 4

Forums: 46

Topics: 4280

Posts: 20243

 

Member Stats:

Guest Posters: 241

Members: 4873

Moderators: 4

Admins: 1

Administrators: JimmyT

Moderators: Whale, Sir Humphrey, scotlandx, Lady Penelope