Your Owners Corporation Cannot Evict a Tenant. Here Is What It Can Do

The short answer

An owners corporation can enforce its by-laws against a tenant because the tenant is an occupier. It can serve a formal notice and, if the breach continues, apply to the relevant tribunal or court for an order or penalty. It cannot end the lease, change the locks, disconnect services or arrange for the tenant to be removed.

Name the occupier on the notice, not simply "the tenant", and send a copy to the lot owner. Send the incident log to the rental agent on the same day. That gets the strata and tenancy processes moving together.

The details vary by state. Queensland may reject a notice addressed only to "the tenant" or to the property manager. Victoria has a $250 civil penalty for a rule breach and a lengthy notice process. Western Australia generally requires three separate breaches, or one breach with serious adverse consequences, before SAT will enforce a by-law.

The by-law breach process covers the forms and timelines.

At an AGM, the complaint often starts with "the tenants in Lot 14": music after midnight, a mattress left near the bin room or repeated misuse of visitor parking. Someone then asks why the committee has not evicted them.

The committee is not the landlord, so it cannot terminate the lease. The strata manager cannot terminate a lease they did not sign. The rental agent cannot issue a strata notice unless the owners corporation has delegated that function to them. When all three wait for someone else to act, the complaint drags on.

NSW Fair Trading states that tenants must follow the by-laws and that the person responsible for a breach pays any fine imposed by NCAT. The landlord does not automatically become liable for a tenant's by-law fine. The Tenants' Union of NSW makes the same point in its strata factsheet, updated in July 2026. A tenant can be physically removed only by the Sheriff, after a tribunal or court has made the necessary orders under tenancy law.

This article provides general information for committees, not advice on a current dispute. The section numbers were checked on 21 August 2026. If you are preparing to file an application, have a strata lawyer review the matter first.

Strata enforcement and tenancy enforcement

A by-law notice and a tenancy breach notice are different documents, issued by different people. The committee can run its own process while giving the owner what they need to run theirs.

The strata process belongs to the owners corporation. It can serve a notice on the occupier and, where necessary, apply to NCAT, VCAT, SAT, ACAT, TASCAT, NTCAT, BCCM or a Magistrates Court. Depending on the state and the circumstances, it may obtain an order to stop the conduct, a penalty or recovery of certain costs. It cannot obtain vacant possession of the lot.

The tenancy process belongs to the lot owner. Residential leases generally require tenants to comply with the building's by-laws. In Queensland, a by-law breach is a breach of the tenancy agreement. In NSW, the Tenants' Union describes the by-laws as additional terms of the tenancy. The owner or rental agent can issue a tenancy breach notice and may later apply to terminate the tenancy. The owners corporation cannot run that process, but it can give the owner and agent the evidence they need.

1. 01
   Log the incidents
2. 02
   Speak to the occupier
3. 03
   Write to owner and agent
4. 04
   Statutory notice, named occupier
5. 05
   Tribunal if it continues
6. 06
   Owner runs the tenancy file

Committees often serve a strata notice, wait through the statutory period and only contact the rental agent when the conduct continues. By then, the evidence may be several weeks old and the agent may genuinely know nothing about the problem. Send the notice and the letter to the agent on the same afternoon, with the same incident log attached to both.

What the owners corporation can do

Every Australian jurisdiction requires occupiers to comply with the registered by-laws or rules. Informal "house rules" displayed in the foyer are not enforceable unless they are properly registered. A formal notice needs the registered by-law behind it.

The owners corporation can serve the occupier with the statutory notice required in that state. Queensland and Victoria also require a copy to be given to the lot owner. Copy the owner in every state. The owner controls the tenancy relationship and may otherwise have no idea that a problem exists.

The owners corporation can also apply to the relevant tribunal or court against the occupier. NCAT's strata orders page lists the owners corporation as an applicant for a by-law penalty and confirms that an occupier can be ordered to pay it. The order binds the person named, but it does not end the tenancy.

Some conduct can be addressed under a statutory nuisance or hazard provision even if the scheme does not have a specific by-law for it. NSW section 153 and Queensland section 167 are two examples. Other states deal with similar conduct through model by-laws and general duties. For complaints involving smoke, noise or a safety hazard, check the Act before assuming that the absence of a specific by-law prevents action.

The scheme may enter a lot after giving the required notice to inspect or carry out authorised work. It may enter without notice in a genuine emergency. A leak affecting the lot below may justify emergency access. A suspected party does not. The committee cannot use this power to inspect a tenant's belongings. Routine tenancy inspections remain the landlord's responsibility and must follow tenancy notice requirements.

Write to the lot owner as well. Several states require owners to take reasonable steps to ensure that occupiers and invitees comply with the rules. In the ACT, an owner may be jointly liable unless they can show that they took reasonable precautions and exercised appropriate care. A written request gives the owner a chance to act and records what the committee asked them to do.

What the owners corporation cannot do

An owners corporation cannot evict a tenant, change the locks, disconnect electricity or water as punishment, or deactivate access credentials because of a noise complaint. Occupants are entitled to use common property and shared facilities. NSW Government guidance on renting in strata confirms that occupants receive keys and access passes at the start of a tenancy and may use the building's shared facilities. Using access credentials as a disciplinary measure may expose the owners corporation to a separate claim.

In NSW, Victoria, Western Australia, Tasmania and the ACT, the owners corporation cannot impose a fine itself. A tribunal or court imposes the penalty. There are some differences elsewhere. Older South Australian strata corporations can issue a penalty notice under the Strata Titles Act 1988. In the Northern Territory, failing to comply with a contravention notice is a strict-liability offence. In Queensland, the Magistrates Court can fine a person who ignores a contravention notice. None of these measures gives the scheme the power to evict a tenant.

The committee is not a party to the lease and cannot terminate it. A resolution stating that a lot must be vacated has no legal effect on the tenant's right to occupy the property.

Who to name on the notice

A notice should name the person occupying the lot. In Queensland, a notice addressed to "the tenant" or to the rental agent may be invalid. Even where another state is less strict, failing to identify the person responsible can delay enforcement.

Situation	Name on the strata notice	Copy	Tenancy track
Tenant noise, parties, parking, dumping	The occupier, by their name	Lot owner	Owner or rental agent
Damage to common property	Occupier for the by-law; owner for cost recovery	Lot owner	Owner against tenant, bond, landlord policy
Short-stay guest already gone	Lot owner	n/a	Owner, platform, STRA by-law if the state allows
Owner-occupier	The owner	n/a	Not a tenancy
Only the managing agent is known	Do not name the agent as the occupier	Agent as the owner's address for service	Agent, on the owner's instructions

Queensland Government guidance says a contravention notice must name the occupier rather than the owner or property manager, and that "the tenant" is not sufficient. The owner must receive a copy as soon as the occupier has been served.

If the committee does not know the occupier's name, check the scheme's records and contact the owner. In NSW, the landlord must give the owners corporation a tenancy notice. If that notice was never provided, ask the owner to correct the record before attempting service.

The rules in each state and territory

New South Wales

Section 135 of the Strata Schemes Management Act 2015 makes the by-laws binding on occupiers. The landlord or agent must give the tenant a copy before the tenancy is signed. If they failed to do so, that may create a tenancy disclosure issue between the tenant and landlord, but it does not prevent the by-laws from applying.

The formal notice is a section 146 notice to comply using the Fair Trading prescribed form. The committee must resolve to issue the notice, unless the strata manager has an express delegation to do so. Check the resolution or delegation before serving the form, as a defect at this stage can undermine a later application.

If the conduct continues, the owners corporation may apply to NCAT under section 147 for a civil penalty. The maximum for a first order is 10 penalty units, or $1,100 at $110 per unit. The maximum increases to 20 penalty units, or $2,200, if NCAT has already penalised the same person for a by-law breach within the previous 12 months. The application must be made within 12 months of the notice or, for a repeat penalty, within 12 months of the earlier penalty.

NCAT expects evidence in the proper form. This includes the relevant resolution, the notice, proof of service, and a statutory declaration or affidavit setting out the dates and times of breaches that occurred after service. An email chain saying that the conduct continued is unlikely to be enough. Keep the incident log running after the notice, because those later entries support the penalty application.

If the tenant caused the breach, the tenant pays any penalty imposed on them. The landlord does not automatically pay it. Explain this when writing to the owner, as it may affect how quickly they involve the rental agent.

A scheme does not always need a specific by-law for noise, smoke or another hazard. Section 153 prohibits an owner or occupier from using a lot in a way that creates a nuisance or hazard or unreasonably interferes with another occupier's use. NCAT applied that provision in Pittman v Newport [2022] NSWCATCD 173, concerning balcony smoking, and in Shaw v Euen [2023] NSWCATCD 68. In Shaw, the Tribunal ordered both the lot owner and the occupant not to cause or permit tobacco smoking in the courtyard. Where the owner and occupier are both involved, consider naming both in the application.

The NSW strata reforms passed across 2025 and 2026 expanded committee duties and Fair Trading's enforcement powers. They did not give owners corporations the power to evict tenants or replace the notice-to-comply process. Large penalties reported for other strata offences do not apply to an ordinary by-law breach.

Tenants may attend general meetings as observers but cannot vote unless they hold a proxy. If tenants occupy at least 50 per cent of the lots and the tenancies have been notified, they may elect one non-voting tenant representative to the committee. That representative cannot vote on a dispute, but they may help the committee communicate with occupiers before a matter becomes formal.

For a practical neighbour-to-neighbour approach before serving a notice, see the noisy neighbour guide. Many complaints can be resolved by a respectful conversation if it is safe to have one.

Victoria

Section 141 of the Owners Corporations Act 2006 binds lessees, sub-lessees and occupiers. The notice should identify the occupier responsible for the breach. The owner remains involved as a member of the owners corporation and as the person responsible for the tenancy relationship and certain lot liabilities.

Victoria requires the owners corporation to complete its internal dispute resolution process first. It may then issue an approved section 155 notice to rectify, which allows 28 days. If the recipient is a tenant, the approved form records that a copy has been given to the lot owner. If the problem continues, the owners corporation may issue a section 157 final notice, allowing another 28 days. Skipping the internal process may put a later VCAT application at risk.

The civil penalty for a rule breach is $250. Because the process is lengthy and the penalty modest, the committee should also ask the lot owner or rental agent to use the tenancy process. Starting VCAT proceedings will usually require a special resolution, which can be difficult to obtain in buildings with many investor owners.

Repair costs are generally recovered from the lot owner as a debt, not invoiced directly to the tenant. The owner can then rely on the lease, bond or landlord insurance to recover the loss from the tenant where appropriate.

A Victorian bill proposed allowing some proceedings for non-monetary rule breaches to begin by ordinary resolution. Check whether that change has commenced before relying on it. As at August 2026, committees should continue to follow the existing special-resolution requirement.

Queensland

The community management statement binds occupiers. Use the current Queensland Government guidance and forms. Old templates are a common source of bad notices.

The process begins with an informal attempt to resolve the issue, followed by a committee or general meeting decision to issue a contravention notice. Use section 182 when the breach is continuing, such as unauthorised work still underway or a fire door that remains blocked. Use section 183 when the breach is likely to be repeated, such as parties, visitor parking misuse or dumping. BCCM Forms 10 and 11 are available, although a letter containing the required information may also be used.

The notice must name the occupier. Do not substitute the owner, property manager or "the tenant of Lot 8". Give the owner a copy immediately after serving the occupier. If the committee knows only the agent's name, it may use the agent as the owner's address for service, but not as the person alleged to have breached the by-law.

If the notice is ignored, the body corporate may begin proceedings in the Magistrates Court for the offence of failing to comply or apply for BCCM conciliation. The Queensland Government page stated that the maximum Magistrates Court fine exceeded $3,454 from 1 July 2026. Conciliation followed by adjudication is the usual route for a conduct order. An urgent application is available where a breach is likely to cause injury, serious damage, a health risk or a serious nuisance.

Section 167 prohibits occupiers, including tenants, from using a lot or common property in a way that causes a nuisance or hazard or unreasonably interferes with another lot. The provision now expressly addresses regular exposure to smoking products. In Artique [2021] QBCCMCmr 596, balcony smoking was restrained under both the by-law and section 167. The statutory duty may therefore assist even where the scheme has no specific no-smoking by-law.

The Residential Tenancies Authority confirms that a by-law breach is also a breach of the tenancy agreement. The lessor can issue a Notice to Remedy Breach. This tenancy notice is called Form 11, which is also the number used for a BCCM future-contravention notice. Label each document clearly so the two are not confused.

Western Australia

Under section 45 of the Strata Titles Act 1985, scheme by-laws apply to occupiers and lessees, and leases are taken to include an agreement that the lessee will comply with them. Owners, occupiers and lessees must also take reasonable steps to ensure that their invitees comply.

The strata company has a duty to enforce the by-laws under section 112. An occupier or mortgagee may also apply directly to SAT. Under section 47, SAT generally requires at least three separate by-law breaches or one breach with serious adverse consequences. A single noisy evening may justify a warning and an incident log, but will not usually meet that threshold. The maximum penalty is $2,000.

If the scheme has a cost-recovery by-law, read it carefully before issuing an invoice. It does not remove the statutory threshold for enforcing the conduct by-law through SAT.

South Australia

Check which Act governs the scheme before choosing a form. Older strata corporations use the Strata Titles Act 1988. Newer community schemes use the Community Titles Act 1996. Their forms and notice periods are different.

Under the 1988 Act, the corporation may issue a prescribed Form 4 penalty notice allowing at least 60 days. This is one of the few jurisdictions where the scheme itself can place a dollar amount on the notice. The recipient may apply to the Magistrates Court to have it revoked, so the corporation should retain evidence that could support the notice in court.

Under the 1996 Act, the relevant document is a notice to remedy. By-laws bind occupiers under both Acts, but possession remains governed by the Residential Tenancies Act 1995. Neither type of scheme can evict the tenant.

Australian Capital Territory

Section 107 of the Unit Titles (Management) Act 2011 binds an occupier to the rules as if they were the owner, except for rules requiring payments into the general or sinking fund. If the owner does not occupy the unit, the owner is liable separately and together with the occupier unless they prove that they took reasonable precautions and exercised appropriate care to prevent the breach. The committee should put the owner on notice in writing and ask what action they will take.

Section 107 also limits what the scheme can enforce. A residential tenant is not bound by a rule to the extent that it conflicts with the standard residential tenancy terms, except for a pet-friendly rule. Check the rule against the standard terms before issuing a notice.

The formal notice is a section 109 rule infringement notice. The executive committee must reasonably believe that the contravention is likely to continue or be repeated, pass an ordinary resolution and include every detail required by section 109(3). ACAT has found notices invalid when one of these steps was missed. Failing to comply with a valid notice is an offence carrying a maximum of 5 penalty units.

Repair costs caused by a member or occupier are recovered from the member as a debt. The member may then recover from the occupier. Written correspondence with the owner helps establish whether they took the precautions required by section 107.

Tasmania

Tasmanian by-laws bind the body corporate, the owner, the occupier and an invitee of either. The provision can therefore apply when a tenant's guest dumps waste or causes another breach. A compliance notice must allow at least 30 days.

TASCAT may impose a fine of up to 50 penalty units and make other orders. The Recorder of Titles can make a compliance order under Part 9 but cannot impose the fine. Choose the forum according to the order the body corporate needs rather than treating every matter as a TASCAT application.

Northern Territory

Northern Territory schemes may fall under one of two Acts. Newer schemes use the Unit Title Schemes Act 2009, under which a contravention notice may be given to a unit owner or occupier. Failing to comply is a strict-liability offence with a maximum penalty of 20 penalty units and a defence of reasonable excuse. Older plans remain under the Unit Titles Act 1975.

Check the plan before preparing the notice, as a form intended for a 2009 scheme should not be used for a 1975 plan. The power to end a tenancy remains under the Residential Tenancies Act 1999.

A practical sequence for committees

Start the incident log as soon as the problem is reported. Record the date, start and end times, what happened, where the observer was and who else witnessed it. Keep dated photographs of dumped waste and any relevant fob logs the scheme lawfully holds. "Everyone knows it is the tenants in Lot 14" will not support a tribunal application.

The Owners SP 78475 v Hamad is a NSW reminder that a committee issuing a notice to comply must be able to identify the evidence on which it relied. If the committee cannot point to specific entries, it should continue gathering evidence before issuing the formal notice.

Speak to the occupier first if it is safe and appropriate. A respectful conversation may resolve an ordinary noise complaint before a formal process is needed. The noisy neighbour guide suggests describing what you can hear rather than accusing the person of causing it. Skip the conversation if approaching the occupier may put someone at risk.

If the conduct continues, write to the occupier in clear and specific terms. Copy the lot owner and rental agent on the same email and attach the incident log. Ask the agent to consider issuing a tenancy breach notice for failure to comply with the by-laws. This begins the strata and tenancy processes at the same time.

The committee can then issue the statutory notice in the occupier's name. Use the prescribed form where one exists, record the committee resolution, serve the document properly and diarise the next date. Relevant periods include the 12-month application window in NSW, two 28-day notice periods in Victoria, a minimum of 30 days in Tasmania and at least 60 days for a penalty notice under South Australia's older strata legislation.

Continue the incident log after service. If the breach persists, those later entries will support the application to the tribunal or court. Keep the owner involved as well. If the owner chooses not to act, retain that correspondence so the current and future committees have a complete record. In the ACT, it may also be relevant to whether the owner took reasonable precautions.

Short-stay guests

A short-stay guest who has already checked out is rarely a useful respondent in a later tribunal application. An Airbnb display name is not enough for a formal notice. The lot owner remains connected to the scheme after the guest leaves and should be included in the enforcement process.

Hosts and guests are occupiers while they are in the building, so a by-law notice may still be appropriate during the stay and should be copied to the owner. After checkout, a penalty application, cost recovery or enforcement of a short-stay by-law will usually focus on the owner. The guest's conduct remains part of the incident record.

In NSW, a special-resolution by-law may prohibit short-term rental when the lot is not the host's principal place of residence. It cannot prohibit short-term rental where the lot is the host's home. Other states have their own registration schemes and limits on short-stay by-laws. The short-term rental guide explains those rules in more detail.

Record dumped furniture against the lot with a date, photographs and any invoice. Send that record to the owner or agent instead of treating "tenants" as a single group. See the illegal dumping guide for the broader process.

Fobs, access and entry to a lot

Do not deactivate a current tenant's fob because of a by-law complaint. Change access credentials at the end of a tenancy when the agent notifies the scheme. They are not a penalty to use during the lease. The digital keys guide explains the move-out and credential-management process.

Entry to a lot must be for authorised work, after the required notice, or in response to an emergency. A leak into the lot below may justify emergency entry. Noise from a party generally will not. If a contractor needs to inspect the lot for a non-urgent reason, the landlord must still give the notice required by tenancy law.

Moving-in bonds demanded directly from tenants may also conflict with the one-bond rule in tenancy legislation. The Tenants' Union of NSW identifies this issue. If a scheme wants security for possible lift damage, it should obtain legal advice about a by-law that charges the lot owner and allows the owner to recover from the tenant, rather than collecting a second bond from the tenant.

An example file

Consider a building where the owner of Lot 14 lives in Melbourne, the tenant lives in the building and the rental agent works from a suburban office. Neighbours report music after midnight on three Friday nights and a mattress left near the bin room. One neighbour has spoken to the tenant, but the problem continues. The secretary has a WhatsApp thread and an undated photograph, while the committee wants action by Monday.

The secretary begins by creating a proper incident log. It contains four dated entries, start and end times, two named witnesses and a new photograph of the mattress with the date recorded. The committee then resolves to issue the appropriate notice, naming the occupier whose details appear on the tenancy notice lodged with the scheme.

That afternoon, the secretary emails the owner and rental agent with the log and the relevant by-law, asking the agent to consider a tenancy breach notice. The statutory notice is served on the occupier and copied to the owner. If the music continues, the committee records each new incident and prepares the post-notice evidence required for its tribunal application. The owner and agent now have the same evidence for the tenancy process, so neither is taken by surprise later.

Keeping the record in UnitBuddy

Occupier records are often scattered across several systems. The incident log may be on the secretary's computer, photographs may sit in a group chat, the formal notice may be stored in the strata manager's system, and the email to the rental agent may remain in one person's inbox. When the secretary or manager changes, the next committee inherits an incomplete story.

UnitBuddy keeps the record with the lot. The occupier's name, the owner's address, the agent's email and any tenancy notice sit beside the incident log. The committee can store the resolution, the served notice, proof that the owner received a copy and the letter to the rental agent in the same place.

For an occupier by-law matter, the record should include:

• The occupier's full name, rather than "the tenant of Lot 14".
• An incident log with dates, start and end times, a description of what happened, the observer's location and the names of other witnesses.
• A notice register recording the form used, the person named, the service date and the next deadline.
• The same-day correspondence sent to the owner and rental agent, with the log attached.
• Previous notices relating to the occupier or owner.
• Fob and access details linked to the tenancy dates, so credentials can be changed at move-out rather than used as a penalty during the tenancy.

The strata manager still prepares the prescribed form and files any tribunal application. The rental agent still handles the tenancy breach. The next committee can open the lot record and see who received a notice, when it was served and what happened afterwards.

Keep the scheme file in one place the committee and the manager can both open. Features, pricing, or book a tour.