What is the body corporates role when evicting tenants?


Investing in an apartment or unit is a financial decision more and more Australians are making. It might seem relatively hassle free, until you inadvertently accept an unruly tenant. 

Unfortunately the by-laws of the Body Corporate and Community Management Act don’t give the body corporate or the body corporate manager direct powers to evict problem tenants, as they are not a party to the Tenancy Agreement in place between the unit owner and the tenant.

Bodies corporate are able to control unruly tenant behaviour, to some extent, through their by-laws, and it’s important that owners understand how to work with their body corporate managers to help solve tenant problems before they get out of hand.

If a tenant breaches the tenancy agreement the owner or agent can issue them with a Notice to Remedy Breach. A tenancy agreement will automatically require the tenant to adhere to the body corporate by-laws and a breach of these by-laws constitutes a breach of the tenancy agreement.

Whilst evicting an unruly tenant is not as straightforward as just issuing one Notice, unit owners will achieve greater success if they are vigilant and monitor the situation carefully.

 Top tips for dealing with the tenant from hell
  • Meet with your body corporate managers, build a relationship and understand their role in managing your property
  • Owners should report a breach of by-law to the body corporate immediately. Don’t wait thinking it won’t happen again.
  • Contact the body corporate managers so they can contact the unit owner or their agent to have a Notice to Remedy Breach issued to the tenant
  • Monitor the breach. If the tenant doesn’t rectify within the timeframe, the tenant may be asked to vacate
  • Ensure that accurate records of each breach are kept to for possible future action.

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