What should occupiers do if they are locked out of their strata lot?

QLD
Maintenance & Common Property
question
Lookupstrata community member

Can the body corporate require a letting agent to provide access to a lot when an occupier has been locked out?

Can the body corporate compel a letting agent authorised by it under the legislation to provide access to a lot where an occupier, also known as a tenant, has been locked out?

answer
Alanna Law
Alanna Law Mathews Hunt Legal

The body corporate has no right to direct a letting agent it has authorised pursuant to the legislation to provide an occupier access to a lot.

A letting agent’s duties are limited to those contained in the relevant agreement/s with the body corporate and the relevant agreements with owners utilising their letting services. In the absence of a specific duty contained in the relevant agreement/s with the body corporate, the body corporate has no right to direct a letting agent it has authorised pursuant to the legislation to provide an occupier access to a lot.

Additionally, if there is no agreement between the letting agent and the owner of that lot for the provision of letting services, the letting agent has no contractual obligation to provide an occupier access if they are locked out. The position reflects the reality that if the letting agent does not benefit from a tenancy, it should not have to provide services to the owner.

If an occupier finds themselves locked out, it is recommended that they contact the owner of the lot, or if the lot is rented and managed by a third party, the relevant external letting agent.

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