Issues with tenants vistors

Discussion in 'Property Management' started by smallbuyer, 3rd Oct, 2017.

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  1. smallbuyer

    smallbuyer Well-Known Member

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    Hello,

    I have an issue with a unit in WA, the tenant is fine but family members visit from time to time and cause issues with other residents, getting into arguments and abusing them etc. Other residents are complaining so I need to get the tenant to get the family to stop coming around or evict the tenant. Is it fine to issue a breach based on the action of these visitors? What proof do I need to issue this? I haven’t witnessed the issues personally but have had a number of people complain to me and the strata. Should I get something from the strata (a warning letter to me about the issue) before I issue this breach. I want ensure everything is done by the book as much as possible.

    Cheers
     
  2. Jamie Moore

    Jamie Moore MORTGAGE BROKER - AUSTRALIA WIDE Business Member

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    Hiya

    I haven’t heard of this before - it’s a new one!

    Are you self managing? If not - I’d get the property manager to sort it out.

    Cheers

    Jamie
     
  3. smallbuyer

    smallbuyer Well-Known Member

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    yes self managed
     
  4. D.T.

    D.T. Specialist Property Manager Business Member

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    I don't actually think this is the owners nor property managers problem.

    The other residents can take it up with your tenant if they wish, or they can escalate to the strata managers if needed. If they're breaking any of the strata laws (which the other residents will need to provide proof of) then strata management can issue them warnings or fines.

    Not sure about WA where you are, but here in SA we provide tenants with a copy of the strata laws which makes them responsible for their actions and not the owners.
     
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  5. Scott No Mates

    Scott No Mates Well-Known Member

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    If you haven't done so already, send the tenant a copy of the strata by-laws indicating that they are responsible for the actions of their visitors. Draw their attention to the clause and advise there have been complaints made. At least, you have put them on notice and if necessary can show a tribunal that the tenant had been made aware of the situation.
     
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  6. thatbum

    thatbum Well-Known Member

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    I would:

    1. Collect a written statement from an actual witness (or multiple witnesses) about what happened;

    2. Write to the tenant to ask them to stop permitting or allowing the issues the happen; and

    3. Possibly issue a breach notice to the tenants under s39 and s50.
     
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  7. qak

    qak Well-Known Member

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    How long until the lease expires?
     
  8. wylie

    wylie Moderator Staff Member

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    I would have thought this is something the people who feel threatened need to sort out by calling the police.

    Are the relatives visiting or staying there?
     
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  9. smallbuyer

    smallbuyer Well-Known Member

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    thx for your replies. 6 months on the lease, they arent living their just visiting
     
  10. datto

    datto Well-Known Member

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    Maybe get the police involved. The affected occupants of the complex should put their gripes to the cops.

    There must be some offensive language or threats involved. Something to legally bar the perpertrators from the building.

    I found strata to be as weak as watered down cordial in dealing with there matters.

    One unit I owned had dealers for neighbours. Well their visitors were the ones dealing.

    Not that I was concerned but others in the block were too scared to leave their unit at night. Anyway, a few calls to crime stoppers and the matter was sorted .
     
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  11. Chivaun.Shortis

    Chivaun.Shortis Well-Known Member

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    Neighbourhood disputes are normally best dealt with by the police. I understand that it is friends/family visiting but I would let other residents know to contact police while it is happening to advise that this behavior is not excepted.

    Body Corp will send it back to yourself as the owner if they receive a compliant from other residents as you are managing the rental.
     
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  12. D.T.

    D.T. Specialist Property Manager Business Member

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    Not sure on the details of the complaint, but if they're threatening their life etc then definitely police are a better port of call than PM/Owner/BC.

    Not here, we inform body corporate who the resident is and they update their register as such so that they know who the communicate with.
     
  13. Chivaun.Shortis

    Chivaun.Shortis Well-Known Member

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    Body corp I have dealt with up here always pass it onto managing agent if there is an issue with the management (tenants) but looks like it is different state to state
     
  14. Ted Varrick

    Ted Varrick Well-Known Member

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    Noise bylaws in NSW relate to the occupant of the lot, but I'm not sure how that is in WA.

    Maybe ask the tenant if they would consider a 20% rent increase as other neighbours are giving you S-H-1-Thompson about the behaviour of their guests (and I use the term loosely...).

    And then see if you get a reduction of neighbourly correspondence or an increase in yield...