NSW How to Evict Disruptive Tenant Under Property Law?

[Bill Bup]

Hello,

We are resident unit owners in a medium sized block. 2/3 of the units are rented and you would not know they were there. Two units are noisy, with one of the tenants getting on the sauce in a big way from time to time, sometimes every day. Loud noises at all hours, strange men coming and going at all hours, police attending on average once a week.

The other resident owners are traumatised and want this tenant gone. The exec committee seem powerless and only take email complaints that end up as letters to the tenant and renting agency. Still it continues.

Direct contact with renting agent is met by denial of issues and push back. We don't feel safe here. What can we do under Property Law to rid us of this tenant ?

 

[Sophea]

The Strata Schemes Management Act 1996 sets out a process for resolving disputes between occupants of strata schemes, or between the owners corporation and an occupant.An owners corporation cannot evict a tenant – only the NSW Civil and Administrative Tribunal can if it makes a termination order on application by the landlord or its agent.

If the owners corporation has been unable to resolve a problem with a tenant it can apply to the NSW Civil and Administrative Tribunal for mediation (this is required under the Act). You can get an application from NSW Fair Trading.

Mediation must be attempted before a dispute can go to an Adjudicator.

If mediation doesn't resolve the dispute, you can apply to a Strata Schemes Adjudicator for orders regarding a noisy resident. Adjudicators and applications cost around $78. An adjudicator can make a decision based on your application. There's no hearing - they simply prepare a written copy of their decision, which is legally binding.

 

[Bill Bup]

The Strata Schemes Management Act 1996

( Can you update this to the 2015/6 ACt and quote the section please)

If the owners corporation has been unable to resolve a problem with a tenant it can apply to the NSW Civil and Administrative Tribunal for mediation (this is required under the Act). You can get an application from NSW Fair Trading.

( OK, so while we cant evict the tenant?, we can go Mediation, can we include the Agent/Owner in this as well ?)

Mediation must be attempted before a dispute can go to an Adjudicator.

If mediation doesn't resolve the dispute, you can apply to a Strata Schemes Adjudicator for orders regarding a noisy resident. Adjudicators and applications cost around $78. An adjudicator can make a decision based on your application. There's no hearing - they simply prepare a written copy of their decision, which is legally binding.

(So what sort of judgement can they make? is it a fine or notice to quit/evict or what?)

Thanks.

 

[Sophea]

Dear Bill, check out part 12 of the new act, apologies for the old reference.

I am not familiar with the details and inner workings of this particular legislative process. You may wish to have a scroll through the act, contact NCAT or engage a lawyer to provide personalised advice on your particular situation.