This article discusses who should receive a notice to comply for a tenant’s by-law breach, explaining enforcement responsibilities and accountability when occupants cause nuisance.
Question: If a tenant breaches a by-law, whose name do we place on the notice to comply?
If the lot is leased and the resident breaches a by-law, whose name do we place on the notice to comply? Is the notice sent to the resident or the owner, and should the lot owner be held accountable for the occupant of their lot?
To further complicate the matter, the tenant does not live at the building, and the resident is the one breaching the by-law. The breach relates to a nuisance that affects several lot owners in that it interferes with their peaceful enjoyment of the lot.
Answer; If a tenant breaches a bylaw, issue the notice to the tenant.
You always have to issue the notice of breach to the offender, and the offender is the one who is on your roll. They’re either on your roll as a lot owner or as a tenant.
If an owner breaches the by-law, you’d issue the breach to the owner. If a tenant breaches, you’d issue the notice to the tenant. If it’s the tenant’s partner, issue the notice to the tenant because they are the responsible person. Owners or tenants are responsible to ensure that their visitors comply with the by-laws.
In this case, issue the notice to the tenant but bring the matter to the owner’s attention and communicate any proceedings. Putting pressure on the lot owner will force their hand to consider terminating the lease. Otherwise, if they’re banking the rent and they don’t have the headache of dealing with issues, they will likely not get involved. Anytime I’m enforcing tenant breaches, I involve the owner. They need to ensure their tenant is not causing a nuisance to others. The owner needs to be accountable by taking reasonable steps to ensure their tenant complies.
You can’t hold an owner liable for their tenant’s breach of the by-law because they’re not physically controlling those actions, but you can make them accountable to ensure their tenant is compliant. Issue them with a separate letter, have their property manager speak to the tenant, and have the property manager meet with the tenant to discuss the breach. In certain circumstances and depending on the by-laws applicable to the scheme, it may be possible to hold an owner responsible for the actions of the tenant, however, you should seek legal advice on this aspect.
This post appears in the July 2024 edition of The NSW Strata Magazine.
Leanne Habib
Premium Strata
E: info@premiumstrata.com.au
P: 02 9281 6440
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