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.

Speak to our Team

If you have an inquiry or a question that we can help with, please contact us through the following form and one of our experts will be in touch with you shortly.

  • Drop files here or
    Max. file size: 64 MB.
    • This field is for validation purposes and should be left unchanged.

    Our Latest Body Corporate News

    They had technical issues last time, so Frank and Chris are re-broadcasting their by-law enforcement webinar. Get the details you need to know all about laying down the by-laws.

    Bodies corporate are becoming increasingly empowered when considering management rights assignments. We have seen more refusals of assignments of management rights agreements in the last six months than we have seen

    In the midst of the COVID-19 pandemic, the strata sector is facing some big issues. Perhaps the biggest challenge (this week at least) is how to manage body corporate levies

    When you need a Body Corporate lawyer for the first time many committee members find themselves in new and unfamiliar territory. When looking for a Body Corporate lawyer (whether it

    If you want to see what Chris Irons and I think about how strata communities should deal with Coronavirus / Covid-19, please watch this facebook live recording. You won’t find a set of

    Yes – that’s right.Chris Irons is starting with us, as reported in the Courier Mail. As the Commissioner for Body Corporate and Community Management for the past five years, Chris has been