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Can a body corporate evict a tenant?

No.

Ultimately, people who are tenants of lots are there under a tenancy agreement with the owner of the lot concerned. It is not for a body corporate to interfere with people’s individual property rights.

The Act does not refer to tenants.  It refers to occupiers – which means both long and short term tenants as well as their potential guests (and owners who live in the building).

A body corporate can do something about problem occupiers - as much as the process is unwieldy. The by-laws of the body corporate (which regulate how people relate to each other in the scheme and along with the overriding statutory obligation not to unreasonably interfere with other people’s use and enjoyment of their lots) can be enforced against owners and occupiers.

Body corporate experts

Jodie Graham

Jodie Graham

Associate Director

Body Corporate
Dispute Resolution
Insolvency & Restructuring