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NSW Can Body Corporate Limit Giving Keys to Rented Property?

Discussion in 'Property Law Forum' started by angry, 2 October 2015.

  1. angry

    angry Member

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    Hi
    I have recently joined a counselling practice whereby I rent one of the rooms in the office from someone who rents the whole office space from the owner.

    I have asked for keys for access on the day I work there but have been advised I cannot have keys as they have reached the limit for copies of keys that the body corporate will allow.

    Is this correct that the body corporate of commercial office space can limit the number of sets of keys the person renting the property can have? Or would the owner be doing that? Or the person I am renting the room from?

    I'm renting the room, don't I have a legal right under Property Law to be given keys for access?
     
  2. Tim W

    Tim W Lawyer

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    Unless you have either become a partner in, or an employee of, the counselling practice, perhaps you are actually a mere co-located sole trader.... perhaps in some sort of serviced office arrangement (for example, if the head tenant's clerk does your bookings and billing too).

    Have you signed a Commercial sub-lease agreement?
    In your shoes, I'd want to be sure that the Head Tenant (ie
    your landlord) is not in breach of their lease by sub-letting without permission of the landlord.
    I mention this because it is often a term of a commercial lease.

    Who exactly did you ask?

    It could be any of them. That rule might exist, yeah.
    Equally possibly, the agent has just made something up "because we've always done it that way", and nobody has ever brought it up before.
    Ask to see the Owners' Corporation Rules (you may know these by their old name - Body Corporate Rules).

    Your tenancy relationship is between you and the Head Tenant, not between you and the landlord. The Head Tenant can put in pretty much whatever terms they want.

    Down to brass tacks - what's really happening here is that the Head Tenant
    probably doesn't want a relative stranger having pretty-much-unrestricted access to their space.
     
  3. angry

    angry Member

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    Thank you

    Yes they take the client bookings but i look after the processing of fees and my own accounts
    I have asked the head tenant for keys, she has known me for 8years, the landlords are the head tenants parents so there is no breach for sub-letting. I suspect my loadlord is making up the rules as she goes and as you have pointed out she can
     

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