Can a body corporate evict a tenant?
A body corporate cannot evict a tenant from a building. The BCCM Act refers only to “occupiers” and not to “tenants”, which means both long and short-term tenants as well as their potential guests (and owners who live in the building).
Tenants of lots are there under a tenancy agreement with the owner of the lot concerned. It is not for a body corporate to interfere with people’s individual property rights.
However, a body corporate can do something about problem occupiers, though the process is unwieldy. The by-laws of the body corporate (which regulate how people relate to each other in the scheme, along with the overriding statutory obligation not to unreasonably interfere with other people’s use and enjoyment of their lots, can be enforced against owners and occupiers.
Ultimately, a tenant can only be formally evicted by the lessor or their agent under the Residential Tenancies and Rooming Accommodation Act, via QCAT.
Further reading
- What rights does a tenant have in a body corporate?
- Can a body corporate stop Airbnb and short-term letting in a building?
- Tenants in Strata: Rights and Responsibilities
- What can be included in a valid by-law?
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