Hello,
I, along with my wife are renting our home at Epping,NSW.
The rental agreement says that 2 persons can stay at the apartment. My parents are visiting me next month and will stay with me. They will stay with me for 1-2 months.
Can my agent bother me, asking me why more than 2 persons are staying at the house?
Thanks.
Can my agent bother me, asking me why more than 2 persons are staying at the house?
Bother? No….
But yes they can ask why more than 2 people are staying at the house if they are aware of extra guests. As these are non paying guests, they are just that. Guests. So all is good.
Clearly you will be in breach of your lease. Agent would not accept that someone staying for 2 months is more than just a "guest".
I have a good idea - why not simply ask your agent???
They are guests.
no mate. dont worry at all.
Don't bother, you might not like the answer.
The relevant law is found in the Strata Schemes Management Act 2015 (NSW):
137 Occupancy limits
(1) A by-law may limit the number of adults who may reside in a lot by reference to the number of bedrooms of the residence.
(2) The limit may not be fewer than 2 adults per bedroom.
(3) The by-law has no effect:
(a) to the extent to which it is inconsistent with any planning approval or other law applicable to the lot, or
(b) in any other circumstances prescribed by the regulations for the purposes of this section.
(4) To avoid doubt, the Tribunal may make an order under Division 5 about a by-law made under this section.
(5) The regulations may provide for the circumstances when a person is a resident of a lot for the purposes of a by-law made under this section.
(6) For the purposes of this section, a bedroom is a room approved for use as a bedroom under, or indicated as a bedroom in any plans the subject of, a planning approval and includes any other room prescribed by the regulations as a bedroom for the purposes of this section.
But in the Strata Schemes Management Regulation 2016 (NSW), there's an exception to the occupancy limit rule for relatives:
36 Occupancy limits—exception
(1) For the purposes of section 137 (3) (b) of the Act, a by-law that limits the number of adults who may reside in a lot has no effect if all of the adults who reside in the lot are related to each other.
(2) For the purposes of this clause, a person is related to another person who resides in a lot if:
(a) the person is the parent, guardian, grandparent, son, daughter, grandchild, brother, sister, uncle, aunt, niece, nephew or cousin of the other person, or
(b) the person is such a relative of the other person’s spouse or de facto partner or former spouse or de facto partner, or
(c) the person is the spouse or de facto partner of the other person, or
(d) the person is the carer of, or is cared for by, the other person.
(3) For the purposes of this clause, a person who is an Aboriginal person or a Torres Strait Islander is also related to another person if the person is, or has been, part of the extended family or kin of the person according to the indigenous kinship system of the person’s culture.
Second reading speech clarifies the rationale:
Overcrowding of strata units has become a serious problem. Overcrowding is where unscrupulous operators pack a two-bedroom unit with 16 or 20 people, usually students or backpackers, creating highly unsafe living conditions as well as affecting the amenity and enjoyment of the building for the other residents. The bill seeks to address this issue by empowering owners corporations to tackle this situation themselves. A new provision specifically allows for the adoption of by-laws imposing occupancy limits on a strata lot. Importantly, any limit must not be fewer than two adults per bedroom and only applies to persons "residing" at a lot and certainly not to overnight stays or visits from friends and family.
So my advice is to check what the by-laws say. If the by-laws impose a limit, you can easily point to the exemption above. However, given it's in the rental agreement as a clause (potentially above and beyond the by-laws), you may have some issues as that's a contractual agreement between you and the landlord. There may or may not also be a clause requiring you to inform the landlord of any occupants who occupy the premises for X days (so as to be classed as a resident). Permission may or may not be granted.
In short, don't explain yourself unless asked (unless it very clearly says in the rental agreement that you must). You're generally not obliged to do anything at this stage.
Upvoted for concise, succinct and referenced advice - should be more of it!
The relevant law is found in the Strata Schemes Management Act 2015 (NSW):
No it's not, though it's at least possible that the by-laws may provide an additional limit on occupancy, though i doubt it (as they rarely do).
The ceiling on occupancy is in the tenancy contract, and the tenant is bound as confirmed in s 51(1)(e) of the relevant Act. No provision that permission cannot be unreasonably withheld or anything like that.
That's 6 min of my time - look out for my bill.
OP should get permission from the landlord otherwise they may find themselves out on their ear.
If i was renting to them and they pulled this crap - i mean up to 2 months??? - i'd evict.
Take a hike OP - coming on here to try and find out how to slither out of a contract that you entered freely is a dog act.
Most if not all rental agreements I have signed specify no more than certain amount of people. Never been a problem though
I think you have to make a formal application. The agents should forward this to the real estate council that will review it with the tribunal. At the next blood moon, a conclusion will be reached and a sacrifice of offal and blood will be required.
Well of course that's what should happen…
It could only ever be an issue if you are a terrible tenant (i.e. always behind with rent, etc.). No landlord is going to be bothered otherwise.
no…it is no problem