Do tenants have any rights in a strata scheme?

Yes. NSW strata tenants must receive the scheme's by-laws, can attend general meetings if their tenancy is notified, can report by-law breaches and retain ordinary rental rights such as quiet enjoyment. Tenants generally cannot vote unless appointed as an owner's proxy. Where notified tenants occupy at least half of the lots, they may elect one non-voting tenant representative to attend and speak at strata committee meetings.

Tenants in a New South Wales strata scheme have important rights under both strata law and residential tenancy law. They are not members of the owners corporation simply because they rent a lot, but they are lawful residents of the scheme. A tenant has the right to receive the scheme's by-laws, use the rented lot and authorised common facilities, attend owners corporation general meetings if their tenancy has been notified, raise by-law and common property concerns, and receive the ordinary protections that apply to NSW renters.

What rights do strata tenants have?

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Are tenants members of the owners corporation?

No. The owners of the lots make up the owners corporation. A residential tenant does not become an owner or owners corporation member by signing a lease. This distinction affects voting, levies, record inspection and major scheme decisions. The landlord remains the lot owner and generally holds the voting rights and financial obligations attached to the lot.

A tenant may still participate in the limited ways provided by law, including attending meetings, serving as an elected tenant representative or acting under an owner's valid proxy.

Must a tenant receive the strata by-laws?

Yes. Before the tenant enters into a residential tenancy agreement for premises in a strata scheme, the landlord or agent must provide a copy of the by-laws applying to the premises. The by-laws may regulate pets, smoking, parking, noise, waste, moving furniture, renovations, balconies and the use of common facilities.

If the landlord or agent does not provide the by-laws, the tenant should request them in writing. A current resident may also ask the strata committee secretary or strata manager for a copy.

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Do tenants have to follow the by-laws?

Yes. Strata by-laws apply to owners, tenants, occupiers and visitors. A tenant can be required to comply even though they did not vote to make the by-laws. If a tenant allegedly breaches a by-law, the owners corporation may issue a formal notice to comply. If the conduct continues, the matter may be taken to NCAT, which can make orders and impose a monetary penalty where the legal requirements are met. The tenant should receive clear details of the alleged breach and should keep evidence of any response, correction or dispute.

Can a tenant report another person's by-law breach?

Yes. A tenant experiencing noise, parking, smoke, waste, pet or common property problems can raise the issue. The tenant may contact the owners corporation or strata manager directly, or report the matter through the landlord or real estate agent. The most effective report is written, factual and supported by dates, photographs, video or witness details where appropriate. The tenant cannot personally issue an owners corporation notice to comply, but can ask the authorised strata body to investigate and take action.

Can tenants attend owners corporation meetings?

A tenant whose tenancy has been notified to the owners corporation is entitled to attend a general meeting of the owners corporation. The tenant is not automatically entitled to speak — the owners corporation must authorise the tenant to address the meeting by resolution. A tenant may be excluded while certain financial matters or a strata renewal proposal are discussed, unless the tenant holds a valid proxy from an owner.

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Do tenants receive notice of general meetings?

The owners corporation does not have to give each tenant the same full notice package sent to owners in every case. However, the meeting agenda must be given to each notified tenant within the applicable notice period or placed on prominent display on the scheme's noticeboard.

Can tenants elect a tenant representative to the committee?

Where notified tenants occupy at least half of the lots in a scheme, eligible tenants may elect one tenant representative to the strata committee. Only one tenant representative is nominated. The role gives tenants a formal voice, but not a committee vote.

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When can a tenant representative be excluded?

The strata committee may decide that the tenant representative cannot be present while it discusses or decides financial statements and auditor reports, the levying of contributions, the recovery of unpaid contributions or other matters the Act allows the committee to reserve.

Can a tenant become an ordinary committee member?

Yes, if properly nominated. An eligible owner may nominate a non-owner — including a tenant — for election to the committee. The nomination and election should be checked carefully because the owner making the nomination must satisfy the requirements applying to non-owner candidates.

Can tenants inspect strata records?

Tenants do not have the same automatic statutory inspection rights as owners, mortgagees and covenant chargees. A tenant may obtain the by-laws and meeting agenda information described above. Access to wider financial, legal and management records will generally require the owner's written authority or another legal basis. The scheme must also protect personal and confidential information. A tenant should ask the landlord to authorise a targeted records request where the information is genuinely needed.

Can tenants use common property and shared facilities?

A tenant may ordinarily use common property and resident facilities that form part of the lawful use of the rented premises, such as entrances, lifts, paths, waste areas, gardens, pools or gyms. Use remains subject to the tenancy agreement, valid by-laws, booking procedures, safety rules and any exclusive-use arrangements.

Does a tenant have a right to quiet enjoyment?

Yes. Under NSW residential tenancy law, a tenant is entitled to quiet enjoyment of the rented premises without improper interference by the landlord or agent. The landlord or agent must not interfere with the tenant's reasonable peace, comfort or privacy and must take reasonable steps concerning interference by the landlord's other neighbouring tenants. This tenancy right operates alongside strata by-laws that prohibit unreasonable noise, nuisance and interference with other residents.

Can the owners corporation enter a rented lot?

The owners corporation does not have an unrestricted right to enter a tenant's home. Strata law permits entry in specified circumstances to inspect or carry out authorised work, including urgent situations. Residential tenancy access rules and notice requirements may also apply to the landlord or agent. Except in an emergency or another lawful situation, access should be arranged with proper notice and a clear explanation of the purpose. The tenant should not unreasonably obstruct lawful common property work.

Can a tenant keep a pet in strata?

A tenant may need both the landlord's consent under residential tenancy law and compliance with the strata scheme's pet by-laws. Even where the by-laws permit pets, the landlord may impose lawful conditions in the tenancy agreement, and the by-laws may require notification or reasonable conditions. Blanket bans on pets have generally been treated as unenforceable in NSW where they are found to be harsh or unconscionable.

What rights do tenants not usually have?

• Automatic membership of the owners corporation
• An automatic vote at general meetings
• The right to set levies or approve the strata budget
• The right to elect the ordinary strata committee in their own capacity as tenants
• Automatic access to all financial, legal and owners corporation records
• The power to issue formal by-law notices on behalf of the owners corporation
• The ability to authorise renovations or changes to common property without the owner and owners corporation approvals

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What should a tenant do when a strata issue arises?

• Check the tenancy agreement and current strata by-laws.
• Record the problem with dates, photographs, video and witness details where relevant.
• Notify the landlord or real estate agent in writing.
• Report common property or by-law issues to the owners corporation or strata manager.
• Keep copies of all communications and any response.
• Escalate through NSW Fair Trading, NCAT or specialist advice services if the matter is not resolved.

Key takeaways

• NSW tenants must receive the strata by-laws before signing the tenancy agreement.
• Notified tenants may attend general meetings but generally cannot speak or vote without additional authority.
• Tenants must comply with strata by-laws and may be subject to a notice to comply and NCAT orders.
• Where notified tenants occupy at least half the lots, they may elect one non-voting tenant representative.
• Tenants do not automatically have the same strata-record inspection rights as owners.
• Repair requests should generally go to the landlord or agent, with strata notified when common property is involved.
• Tenants retain ordinary rental rights, including quiet enjoyment and access to repair remedies.

Related questions

Can tenants attend the AGM?

Yes, if the tenancy has been notified to the owners corporation. A tenant cannot normally speak or vote unless separately authorised.

Can a tenant vote at the AGM?

Only if an owner has appointed the tenant as a valid proxy. The vote belongs to the owner and is exercised under the proxy.

Can a tenant be on the strata committee?

A tenant may be elected as an ordinary committee member if properly nominated by an eligible owner. A statutory tenant representative is a separate, non-voting role.

Can tenants get the meeting minutes?

Tenants are not automatically included in the statutory distribution of minutes. They may request information through the landlord, seek owner authorisation or ask the scheme voluntarily.

What is a tenant representative?

A non-voting representative elected in a scheme where notified tenants occupy at least half of the lots. The representative attends and speaks at committee meetings.

Can tenants request common property repairs?

They can report them, but the tenant should also notify the landlord or agent, who normally coordinates the owner-side repair process.

Can tenants inspect all strata records?

Not automatically. Wider statutory inspection rights generally belong to owners and specified interest holders, although owner authorisation may allow a tenant to inspect records.

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