Hi PropertyChatters, I'm on the verge of renting out 1 room (in my IP) and am currently doing some research on what needs to be done. I came across the NSW Tenancy Agreement, which is not compulsory but better to have. I was just reading the form and noticed this part here: Strata by-laws: Are there any strata or community scheme by-laws applicable to the residential premises? Yes and No question. If yes, see clause 35. Clause 35: Copy of certain by-laws to be provided [Cross out if not applicable] 35. The landlord agrees to give to the tenant within 7 days of entering into this agreement a copy of the by-laws applying to the residential premises if they are premises under the Strata Schemes Management Act 1996, the Strata Schemes (Leasehold Development) Act 1986, the Community Land Development Act 1989 or the Community Land Management Act 1989. Question #1: I have no idea if the IP (apartment) that I own is under any of these Act; how do I find out? Question #2: I'm only renting 1 out of 2 rooms; is there any need for Condition Report? The other room is occupied by my mom. TIA!
I may be wrong but if you are paying strata levies, then the answer to the strata question on lease is yes. The by laws is a document they give you as owners and specifies the rules you must abide to if you are living there. Things like you cannot hang you clothes in the balcony, can or cannot have pets, installation of air conditioning, etc. I think you can ask for a copy from your strata corp. Can't help w question two, I think answer is yes but its a bit grey when it comes to assessing damages if your mum also lives there.
If you live in an apartment it's likely that it would be strata titled especially if you have a strata manager, body corporate, executive committee and a noticeboard down stairs in a common area with the minutes. You may even have the by-laws on the back of your door.
@giraffez @Scott No Mates I can confirm that it's actually Strata Scheme Management Act 2015. Does this mean that I do not need to provide copy of the by-law strata scheme? The reason because it stated "if they are premises under the Strata Schemes Management Act 1996, the Strata Schemes (Leasehold Development) Act 1986, the Community Land Development Act 1989 or the Community Land Management Act 1989." and it's not. As for condition report, yes I agree with you @giraffez it's a tad hard to assess damage .. maybe it would only be fair to just complete the room bits and cross the remainder section as most of them are shared.
I just rented out a strata apartment myself. I asked the same question in another thread about providing a copy of the by laws. My by-laws were like 50 pages - its quite detail but not hard to read. The response that came back was you should, basically what it means is if the tenant does not adhere to the by laws, you as the owner is at fault (or something to that effect). SO its in your best interest that they do know about it. So what i did in my most recent lease agreement is get the agent to provide a copy to the tenant. Get them to sign as part of the lease that they have received a copy (so there is no dispute in the future). If they break the by laws, then you have grounds to hold them accountable....and/or kick them out. Also someone also suggested to leave a copy of the by laws in the property itself in a folder or something.
