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?
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.
Log in to your existing Lookupstrata Account to download the printable file.
Alanna Law is a senior associate employed at Mathews Hunt Legal (MHL). She has exclusively worked with bodies corporate for the last 7 years and has developed significant expertise during this time.
Her extensive experience includes, but is not limited to:
- general body corporate advice (i.e. as regards validity of owner motions, exclusive use, legislative responsibilities, maintenance of common property, and improvements to common property by both owners and bodies corporate);
- by-law reviews and enforcement of by-laws;
- resolution of disputes in the Commissioner’s Office, Queensland Civil and Administrative Tribunal and the Magistrates Court;
- enforcement of Adjudicator’s Orders in the Magistrates Court; and
- caretaking matters (including disputes, variations and negotiation of new agreements).
Lookupstrata Directory
Looking for QLD Strata Specialist in your area? Search within our LookUpStrata Directory for the best list of contacts available
Search the directory
Comments
Log in to leave a comment