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Body corporate rules for rented property

25 June 2018

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Body corporate rules are a set of rules which govern the rights and responsibilities of property owners and residents of unit titles (most apartments, units and townhouses). They form part of the tenancy, and tenants are required to comply with the rules.

Landlords must attach a copy of the body corporate rules to the tenancy agreement

When entering a tenancy in a unit title property, the landlord must attach a copy of the body corporate rules to the tenancy agreement. If you are creating a tenancy agreement with myRent then we will prompt you to do this.

Where can I get a copy of the Body Corporate rules?

When you purchase a unit title the solicitors would provide you with a copy of the rules. If you cannot locate a copy then contact your body corporate.

In a very small number of properties where there are no written rules then there is a set of standard rules outlined in the the Unit Titles Act 2010 which apply as a default, although these circumstances are very unusual.

Do tenants need to follow the body corporate rules?

The body corporate rules form part of the tenancy agreement and the tenant must comply with them the same as any other residents in the building. Any other household members such as partners, dependents, spouses, other family, and any guest must also comply.

Changes to the body corporate rules

If the body corporate rules change during a tenancy the landlord is required to to give the tenant notice in writing of the changes. On myRent this can be done by uploading a copy into the Tenancy Agreement section of the site, and the system will inform the tenant.

As soon as the tenant has been notified, the terms of the tenancy agreement are deemed to have changed to include the new body corporate rules.

If the new rules materially change thus affecting a tenant, for example a loss of access to common facilities such as swimming pool, parking, or laundry, then the tenant can apply to the tenancy tribunal to have the rent reassessed or to have the fixed term tenancy ended early.

Resolving disputes

All disputes with rented unit titles from either tenants or the body corporate should be directed through the landlord.

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