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.