ACT Max Occupancy

Hi all,

Long time reader, first time poster here :D

I have a dilemma. Sorry about the massive post but I thought I'd get the whole situation down in one go!

Myself and hubby have an IP in Canberra. We have a lease signed but currently only 1 person living in the apartment is on the lease (have had the same tenants in there for about 3 years).

Have had suspicions - but PM finally confirmed on the last inspection that there are 5 adults living in the apartment (2 bed, 2 bath).

I'm not stoked about this - tenants did not inform us about additional people moving in (original lease says max 3 tenants), I'm worried about extra wear and tear, and pretty sure original tenant on the lease is probably acting as slum lord and taking a cut. However, they pay rent on time, and have for the last 3 years, let us know when anything goes wrong and generally the apartment looks OK.

MOSTLY I am concerned that this may bite us on the bum if we are breaching max occupancy laws, and also concerned that we have only one person on the lease, and we'll be stuck with squatters if he moves out (I don't think PM even has contact details for anyone else living there).

I have been pushing PM for an answer as to whether 5 people in a 2bed apartment is legal (she doesn't think it is, but can't find anything to back this up, keeps saying she'll find out and get back to me), and if so lets get them on a lease. Not really getting anywhere.

I've researched myself, called the Tenants Union just in case, they said we can't help you unless you're a tenant, call the Law Society. They said (very rudely), we can't help you unless you physically come in (I live in QLD), call the Real Estate Institute (I haven't called them - I believe they are for Real Estate professionals?). I've read the whole Residential Tenancy Act 1997. Nada.

Starting to wonder if there aren't any max occupancy laws in the ACT?

If anyone can point me in the right direction or has any knowledge, I would be eternally grateful! At the end of my tether with this one - has now been going on for 3 or 4 months.

Eve
 
Hi Eve

Welcome aboard.

It's a frustrating situation - I've been there before!

The ACT Renting Book is a fantastic guide for all ACT rental matters. However, I carried out a quick search on keywords arround maximum occupancy and couldn't find anything specific.

Chances are you've already read through this during your research - but if not, hopefully it helps.

Here's the link
Cheers

Jamie
 
Hi Jamie,

Unfortunately there's no info in the ACT Renting Book either, but I appreciate the suggestion!

Yes very frustrating... nice to know I'm not the only one who's been there :)

Eve
 
I have had similar situations in Canberra and I now make sure I stay on top of who is in the property. It is okay that it changes but the lease must be accurate. I set a reasonable limit - negotiation is always possible.

I am not aware of any max occupancy laws - however, I have an issue with (1) the additional wear/tear, (2) adhoc tenant turnover and (3) that occupants not on the lease have no "skin in the game" to take care of the property.

Standard terms for all ACT leases are in schedule one here:

http://www.legislation.act.gov.au/a/1997-84/current/pdf/1997-84.pdf

Tenant must not sell, dispose of, or sublet tenancy without consent
of lessor
72 (1) The tenant must not assign or sublet the premises or any part of
them without the written consent of the lessor.
(2) Consent may be given at any time.
(3) No rights in relation to the premises may be created in any
third party before consent is obtained from the lessor.
 
I am not aware of any max occupancy laws - however, I have an issue with (1) the additional wear/tear, (2) adhoc tenant turnover and (3) that occupants not on the lease have no "skin in the game" to take care of the property.

Sydprop, totally agree those are my concerns, didn't think about the ad hoc tenant turnover but that is a good point. I do think if I have them all on a lease that I'll be happy to carry on and just try and get the rent to a reasonable level to cover the potential extra maintenance costs.

Not very happy that my PM has still not dealt with this issue 4 months after bringing it to my attention. For me the point of paying a PM is to deal with issues like this so that I don't have the stress. Got an email today saying 'I will look into it as soon as I can'. This is just finding out whether there are max occupancy laws or not, 4 months to find out something like this seems crazy. I've sent about 3 or 4 emails now asking her to chase it up. Hence why I've given up and am just trying to find out for myself and rectify the situation. Do you use a PM in Canberra, are they good, and would you mind sharing? :)

Try the local council?

Thanks Ed! Have emailed them, hopefully they can send me in the right direction. Didn't think of this so appreciate the suggestion :)
 
Back
Top