A mechanism exists whereby a Body Corporate can lodge an application with the CSOS for a Rental Attachment Order if a member is not paying monthly levies to the Body Corporate, (ie. there is money owing by the owner to the Body Corporate) and where there is a tenant in the unit.
Some additional important information to include in the application for a Rental Attachment Order:
- The defaulting member (ie. owner) must be cited as the respondent and the tenant must be cited as co-respondent in the application
- The tenant’s details must be provided in the application
Where a Rental Attachment Order is issued by CSOS, it is likely that:
- The tenant will be ordered to pay the entire monthly rental amount into the Body Corporate account every month, and not to the landlord, until such time as the member’s arrear account has been settled
- The tenant will be discharged from his/her liability to pay rental to the landlord as per the lease agreement.
- The tenant cannot offset or deduct any amount from the rental amount paid monthly
- When the outstanding debts have been settled, the tenant resumes paying the unit owner again
If the tenant moves out of the unit and a new tenant moves in and there remain outstanding levies due by the unit owner, a new application must be lodged with CSOS for a new Rental Attachment Order.
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