straita

Owners Rights

What are my rights as a strata tenant?

Short answer

A tenant in a strata scheme is entitled to quiet enjoyment of the rented lot, to be given a copy of the scheme’s by-laws, and to have repairs dealt with through the landlord or agent. In larger schemes with many rented lots, tenants may be able to nominate a tenant representative to the committee, with limited rights. A tenant’s rights come from both the tenancy (under the Residential Tenancies Act) and the strata by-laws.

Two sets of rules apply

Renting in strata means you sit under two frameworks at once:

  • Your tenancy — the relationship with your landlord (rent, repairs, notice, bond) is governed by the tenancy agreement and NSW residential tenancy law.
  • The strata by-laws — the scheme’s rules on noise, parking, pets, common areas and the like bind you as an occupier, and you should be given a copy.

What you can generally expect

  • Quiet enjoyment of your home, within the by-laws.
  • A copy of the by-laws so you know the rules you’re bound by.
  • Repairs handled properly — maintenance of the lot generally runs through your landlord or their agent, and common-property repairs are the owners corporation’s responsibility.
  • A tenant representative — where a large proportion of lots are tenanted, tenants may nominate a representative to the committee, who can take part but has restricted rights (for example, not on financial matters).

Where to take a problem

A dispute about rent, bond or repairs is usually a tenancy matter (landlord/agent, then NSW Fair Trading or the Tribunal’s tenancy stream). A dispute about how the by-laws or common property affect you may run through the owners corporation and, if unresolved, Fair Trading and NCAT. Because the right forum depends on which framework the problem falls under, it’s worth checking before lodging.

Knowing the rules that bind you

A tenant can only follow by-laws they can actually see. In a self-managed scheme run on Straita, the current by-laws and scheme information are kept in one place and shared, so tenants and owners are working from the same up-to-date rules rather than a lost photocopy.

Primary sources