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Evict tenants for being nuisances to neighbours

Discussion in 'Legal Issues' started by htopg, 21st Apr, 2016.

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  1. htopg

    htopg Well-Known Member

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    I have got a landlord friend who received multiple complaints from neighbours of his rental property in NSW.
    The neighbours told him that he must do something with the tenants (evict them!).
    My friend finally served his tenants a 14-day termination notice.
    The tenants have not vacated the property on the specified date and how my friend is apply for tribunal.
    Obviously, he needs proof about those nuisances.
    What information can he bring to the tribunal?

    For your information, those nuisances include but not limited to
    1. yelling and swearing loudly in multiple occasions
    2. late night vehicle noise from visitors in multiple occasions
    3. damage to neighbour's fence

    Thanks in advance
     
  2. Joynz

    Joynz Well-Known Member

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    Are these the same tenants mentioned in your other recent posts?
     
  3. bob shovel

    bob shovel Well-Known Member

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    How do you get rid of those neighbors in any situation! I've lived next door to those bikie type jerks before, but they had their ppor!

    I'd say you'll need photos plus diary records of when things occurred and if anything was done
     
  4. D.T.

    D.T. Adelaide Property Manager Business Member

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    htopg likes this.
  5. larrylarry

    larrylarry Well-Known Member

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    Yeah is it the same friend you have? If so, it'd be better that you pit all the issues in one thread rather multiple threads.
     
  6. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    Diary records, stat declaration etc may all assist. It could also mean a retribution problem for the neighbour!! Seek advice beforehand about how non-disclosure of their identity can be made. Video may also be accepted but take care with survelliance activities as it can escalate to a "war". Remember the video will indicate who filmed it and from where. ACA runs many stories on ratbag neighbours who retaliate and make life hell.

    Your best bet would be seek legal advice as representation or legal support / advice at a tribunal may assist to guide a better outcome.
     
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  7. Ed Barton

    Ed Barton Well-Known Member

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    IMO these issues have nothing to do with a tenant LL relationship. They are matters for the neighbour to address with the police, council, body corporate etc.
     
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  8. inspiredbyprop

    inspiredbyprop Well-Known Member

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    Also don't forget police report.
     
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  9. JacM

    JacM VIC Buyer's Agent Business Member

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    Worst case scenario you can hit tenants like this with a 120 day notice to vacate (in VIC). No reason required. If a lease is in place you cannot have the "move out" date until after the lease expires though.
     
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  10. htopg

    htopg Well-Known Member

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    Do you have any recommendation on who my friend should seek legal advise?
    He is in Central Coast, NSW.
     
  11. htopg

    htopg Well-Known Member

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    NSW rental agreement has the following two relevant clauses:
    15.2 not to cause or permit a nuisance, and
    15.3 not to interfere, or cause or permit interference, with the reasonable peace, comfort or privacy of neighbours
     
  12. htopg

    htopg Well-Known Member

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    In NSW, it is 30 days notice.
    But it is still 140+ days away.
    My landlord friend is suffering both mentally and financially.
     
  13. htopg

    htopg Well-Known Member

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    I made it multiple threads so that the discussions are relevant to each point.
     
  14. larrylarry

    larrylarry Well-Known Member

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    Nah. I find it easier if you list the issues in point form and others can address them. My preference anyway. That said, I agree with @Paul@PFI comments. Tips in going to tribunal as self-represented. How to resolve your matter - Consumer and Commercial Division
     
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  15. Paul@PFI

    Paul@PFI Tax Accounting + SMSF Business Member

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    Find a lawyer local to the tribunal and seek their views. They will indicate costs and approach. Sometimes its essential to go in hard.
     
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  16. Ed Barton

    Ed Barton Well-Known Member

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    What evidence is there? What standard?

    Many years ago my family had a neighbour complain that we were closing the outside door too loudly to the PM.
     
  17. Nick Valsamis

    Nick Valsamis Well-Known Member

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    It is best to have problem causing tenants removed earlier than later. As a landlord, he can do the following:

    - Make sure he has written evidence from the neighbour, or more neighbours if possible.

    - Give the tenant a warning by post, sms and email and time to rectify their behaviour.

    - If the problem persists then your friend can issue 14 days notice for breaching a condition of the tenancy agreement.

    - Use above evidence over the whole process, before and after in case he needs to go to the tribunal for an order.
     
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  18. thatbum

    thatbum Well-Known Member

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    I've literally never seen a private landlord succeed on a nuisance termination application - and I've seen quite a few attempt it over the years.

    Its a much harder application to succeed on than most people realise, usually because of a lack of knowledge about how to prove nuisance in court/tribunal.

    For example, how is your friend going to prove those incidents with direct eyewitness testimony? Are all these neighbours going to come and give evidence at trial?
     
  19. htopg

    htopg Well-Known Member

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    Can letters from neighbours be used in the trinunal?
     
  20. thatbum

    thatbum Well-Known Member

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    No, because a letter can't be cross examined.