NSW Neighbours complaint to me about our tenant

Discussion in 'Property Management' started by sumterrence, 7th Jul, 2020.

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  1. sumterrence

    sumterrence Well-Known Member

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    Hi guys,

    Hope someone can give me some guidance on what I can/should do.

    I received a note from one of the neighbors for one of my investment properties complaining to me about issue they have with my tenant.

    Their issue with my tenants are the two pet Parrots that are outdoor in a cage but constantly making loud noises all day long. The owner explained to me that they have tried to lodge complaints with councils and have called on polices due to discussion went sour with the tenants but no satisfactory solutions has ever been achieve.

    I'm not too sure what to do here as the tenants has been great with paying rents on time with minimal maintenance issues for me, in the current climate is also a risk to kick them out knowing I might not be able to get the place rented for the same amount again.

    On the other hand I also want to solve this issue for the next door owner and our tenant as i'm worried this conflict may result in violent.

    Are there any steps I should take or make and what would you guys do if this happens to you?

    Also note that I am self managing this property so no Property Agents involved.

    Thanks in advance!
     
  2. AndyPandy

    AndyPandy Well-Known Member

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    Does the neighbour have a recommended solution? If the authorities have given it the green-light, what do they expect you to do. I'd stay out of this one but without burning any bridges.
     
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  3. Propertunity

    Propertunity Well-Known Member

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    Yes.
    1. Never self-manage
    2. Never give your address or contact details out to your IP neighbours
    unless you want to deal with silly petty issues like this.... :eek:

    I had a neighbour of one of my IPs call me very late one evening and said listen to this and I presume put his phone in the direction of my IP. He then proceeded to rant "Your tenants are having a party. I can't sleep.......blah blah blah"
     
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  4. sumterrence

    sumterrence Well-Known Member

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    I actually thought it was strange too, apparently the neighbor got my Address and Contact from the Strata Manager, is that actually a breach of privacy? I certainly do not want to **** off that already ****** off neighbor as he now knows where I live.....
     
  5. sumterrence

    sumterrence Well-Known Member

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    Well I tried to ask the guys for a desired outcome for him and he just wanted the birds to stop screaming and the tenant be cooperative with them.
     
  6. Mat

    Mat Well-Known Member

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    A determined neighbour could get your name and address from the Land Titles Registry or RP Data if they wanted to. It's a matter of public record when you own land so don't worry about it.

    The upside for you (assuming your IP is in NSW where you are), is that section 51(1)(c) of the Residential Tenancies Act requires that a tenant not interfere with the reasonable privacy, comfort, or right to quiet enjoyment of their neighbours premises, so depending on how loud the parrots are they may be in breach of the RTA. It all depends whether the noise is actually unreasonable.

    Here's a page with some tips from a WA council about how to try and quieten birds down: Noise – pet birds – City of Joondalup
     
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  7. Propertunity

    Propertunity Well-Known Member

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    Swap the parrots out for a Norwegian Blue.

    Yes, @Mat is correct. The tenants cannot interfere with the neighbour's quiet enjoyment. It might be sorted at Tribunal when you make all the usual moves to breech a tenant.
     
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  8. Angel

    Angel Well-Known Member

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    Did you give the tenant permission to have 2 parrots at the residence? My tenant in Qld who has (other) pets had to get my permission and the permission of the Body Corporate. I also checked with our council for their requirements about various pets in residential complexes. It is possible that the parrots might have to go if they are interfering with the neighbours' quiet enjoyment. What are the specific guidelines in your building bylaws, your state's RTA and your local council laws?
     
  9. sumterrence

    sumterrence Well-Known Member

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    That's a good point and I will look into it a bit further, I might give the Strata Manager a call to see if they are in breach of the Strata rule within the small complex. Always good to pass the ball to the Strata Manager :p
     
  10. thatbum

    thatbum Well-Known Member

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    I would say put the allegations to the tenant and if you are satisfied there's been a breach for nuisance, you can issue a breach notice if you want.
     
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  11. Mark F

    Mark F Well-Known Member

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    Sneak in and open the aviary door. Remember to leave a PETA did this note.
     
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  12. Ted Varrick

    Ted Varrick Well-Known Member

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    Tell your neighbour to contact the Strata Committee and get them to issue a breach notice for Bylaw 1 - Noise. And if the tenant hasn't had a Pet Application approved then the Committee can have Tribunal issue a Notice To Comply with a hefty fine.

    If the tenant has had a Pet Application approved then the Committee will need to rely of the Noise and maybe a Nuisance complaint to get the appropriate order.

    I don't want to mention any other options in relation to your neighbour possibly going rogue, as my views may no longer comply with posting rules.
     
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  13. sumterrence

    sumterrence Well-Known Member

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    Thanks for the suggestions, I have decided to have a chat with the tenant tomorrow gently to see if they are happy to try work together. If not I can only let the neighbor know I've tried my best and he may need to resort to law enforcement.
     
  14. Ted Varrick

    Ted Varrick Well-Known Member

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    Fair enough, but you should know that this could be a rocky road.

    The Committee (as a representative of the OC) has a relationship with not only the "occupant", in relation to Noise and Nuisance, but also the lot owner.

    So, they may issue a breach notice to the "occupant", your tenant, should there be non-compliance with the breach notice, whilst pursuing the tenant for bylaw breaches, they might also pursue the lot owner for costs, if your building has a "Costs Recovery" by-law, which aren't cheap.

    In case you were interested...
     
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  15. skater

    skater Well-Known Member

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    Has anyone thought that perhaps the neighbour is just unreasonable? This could be the reason why the authorities have green-lighted it.

    In a similar situation. We have a neighbour next to a house we've been renovating. All he does is whinge. The first time was when someone slammed a car door at around 10.00am. The next time was at around noon, when he complained that 'all our noise woke him up', and we'd barely even started. He ranted & raved about his right to have 'quiet enjoyment' and that he was going to call the police. We told him that we have the right to renovate our property, and legally we can start at 7.00am. He called his PM, which coincidentally is the same one we use, and she told him basically what we did, & she called us to have a laugh about him. He lives in the GF at the rear, and the neighbour at the front also spoke to us and said 'Have you met XX?' All he does is complain.

    Anyway....some people just want to complain, and the parrots might be totally fine.
     
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  16. Propertunity

    Propertunity Well-Known Member

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    [​IMG]
     
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  17. AndyPandy

    AndyPandy Well-Known Member

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    I have a similar problem, 3 Indian Mynahs wreck havoc chirping all day. Since working from home I've spent a lot of time chasing them away (about once every half hour I run towards them to chase them away). The neighbour's cat is my ally but she's too slow for the damn Mynahs. I got a scare owl statue but they shat on it and aren't afraid. Anywhere I go, I can hear them Mynahs chirping. I've now got a nerf gun, let's see how it goes.
     
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  18. Phoenix Pete

    Phoenix Pete Well-Known Member

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    A few months ago I had a situation where my next door neighbour (tenants) had two large birds. One was a cockatoo that would only chirp loudly whenever pigeons would congregate in front of the cage, or if it heard another cockatoo chirping in the distance. I didn't have an issue with the cockatoo..

    The other bird, a parrot, was a completely different story. This thing would religiously start its dawn chorus and sometimes even before dawn. It would be going off well before 6am and would wake me and my family up EVERY SINGLE DAY..

    So, I contacted the local council (via Snap Send Solve) and I'm guessing the neighbour was contacted by council because after a few weeks the parrot was no longer to be heard.

    Another consideration with owners allowing tenants to keep pet birds is that as well as attracting other birds, they could also attract rats and mice.
     
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