Can a Strata Company terminate a tenants' lease?

When tenants don't abide with by-laws, what rights do the owners have?


No - neither the Strata Manager nor the Council of the Strata Company can terminate a lease or evict a tenant.  

A lease is a signed, contractual agreement between the tenant and the owner of the lot, and is in accordance with the Residential Tenancies Act WA 1987.

Based on the tenants conduct, an owner may decide not to renew their tenant's lease. If the owner wants to evict their tenant midway through their lease, they must bring a case before the Tenancy Tribunal at SAT, seeking a termination of the lease. This may be brought about by the tenant breaching the Strata Company by-laws, and the Strata Company writing to the owners advising them of this behaviour.

More Information

Tenancy WA have produced many fact sheets which are available on their website. Click on the link below to view.

Example Case

A tenant in a unit in Rivervale has loud parties most weekends when they are home from their FIFO job, This is very frustrating to the other owners who have made complaints but to no avail.

The Strata Company decided to take the case to SAT seeking an order to impose a penalty against the lot owner. There was a registered by-law which stated that persistent by-law breaches could result in a financial penalty.

The Chairman of the CSC attended the hearing, arriving with indisputable evidence of the breaches and copies of the 3 breach notices.

The lot owner was displeased at having to attend SAT and was ordered to pay a fine for their tenants' conduct. The owner decided not to renew the lease and to on-charge the $400.00 penalty to the tenants, from their security deposit. The problem was then resolved.