VIC Received complaint about my tenants being noisy

Discussion in 'Property Management' started by wjw, 12th Jan, 2019.

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  1. wjw

    wjw Well-Known Member

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    Hi,

    The neighbours of my IP has contacted me (OC manager is cc-ed) to complaint about my tenants being noisy, sometimes past midnight to 2am. I feel bad as they are a nice young family and have been very polite about the whole thing.

    The neighbours have approached the tenants to lower their music and partying but nothing was done.

    The IP is being managed by an agency. I will obviously seek the advice of the managing agent, but I'd like to also seek the wisdom of experienced people here please.

    What should I think about... what are the options I have and their pros and cons. And anything I should be careful about as I navigate this situation.

    Thanks.
     
  2. dabbler

    dabbler Well-Known Member

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    They abide by the BC bylaws and keep noise down so no complaints or they are out. Make sure the BC knows your acting too, you have a responsibility not to just ignore at the other residents expense or detriment.

    From my own perspective, it takes a lot for people too complain usually, many PMs will keep such things under wraps, but I would say, do not ignore it, if a new tenant, they may have invited a few friends to celebrate the new home, but if it is ongoing, then they are prob ***** bags & is likely to become a problem for you one way or another.

    Normal people respect others, loud music or partying is not on to 2am and even more so in a confined area where only a wall separates you from neighbors. How you can think they are a nice young family if indeed parting to 2am is only due to you not having to be woken or kept awake !
     
  3. Phar Lap

    Phar Lap Well-Known Member

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    Id say its none of your business. Its a civil matter between the neighbours. You only own the property you don't live there. Its up to the manager to enforce terms and conditions of the lease, or you take over managing and handle it yourself. This will test the skills of your PM, lets hope they are up to it.
     
  4. wjw

    wjw Well-Known Member

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    Dabbler, I think I might not have been clear in my first post.

    My tenant is noisy. I've received a complaint from the neighbour (who is a nice young family) who own the place beside my IP.

    You are right, I feel responsible and I obviously want to do something to help. So I'm asking for advise on options and pros/cons. e.g. Get my PM to issue them a warning verbal and written?, Do I speak to them myself?, Not renew their lease (obviously this means I incur more cost, but maybe might be to my best interests), etc.
     
  5. wjw

    wjw Well-Known Member

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    Thanks Phar Lap.

    I think my first course of action is to forward the complaint letters to my PM and ask them what they will be doing.

    What I'd like to know is... Is this something that I can reasonable expect the PM to manage? I assume it will be part of their job to warn the tenant?

    I'm actually quite surprised by this because in the first inspection by the PM, the place was very neat and immaculate. Whats going on in my mind is whether the tenants will be upset that they've received a warning/breach and disrespect and mistreat the property moving forward - there is nothing much I can do I suppose.
     
  6. balwoges

    balwoges Well-Known Member

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    First step is to ask your PM to send a letter to your tenants advising them there have been complaints about the noise from neighbours and if they have any further complaints it will be necessary to take action. No need to say what action I think they will get the drift ... :)
     
  7. wjw

    wjw Well-Known Member

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    Hi Balwoges, just out of curiosity, what are the further actions if tenant doesn't comply?

    The thing about noise issue is that it's all very subjective. What is they lower their noise, but the neighbours still think it's not acceptable. What then?
     
  8. balwoges

    balwoges Well-Known Member

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    See if the letter from your PM solves the problem first, if not your PM should be able to advise - not familiar with Victorian leases, somebody on this forum should know.

    Found the relevant clause in the Victorian Residential Lease

    Use of premises

    (b) The TENANT must not use or allow the premises to be used in such a manner as to cause a nuisance or cause an interference with the reasonable peace, comfort or privacy of any occupier of neighbouring premises.
     
    Last edited: 12th Jan, 2019
  9. wylie

    wylie Moderator Staff Member

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    We've had this with tenants (long ago). Neighbours all know us (via school - kids in same classes etc) so they have our details. We did jump in and speak with the female tenant. The male was shouting abuse at her, well into the evening, on numerous occasions.

    This was back in the time that if police were called they might have told the tenants who it was who called. Neighbours didn't want to risk becoming a target for this chap. I don't know if that really is the case, but that fear is what stopped the neighbours calling the police.

    We tried what we could, and told the neighbours that unless they were prepared to make a police complaint, our hands were tied. It is a civil matter.

    The tenants did leave. I think they may have broken the lease. I think we told the female (with a young child) that if she left we would not pursue her for any loss. That particular house seemed to have problem tenant after problem tenant for a while. It was awkward for us, knowing several of the neighbours.
     
  10. Noobieboy

    Noobieboy Well-Known Member

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    I would act on it as soon as possible. Especyif the neighbors are nice people, preserving this relationship is important and pays great dividends in long run when it comes to property investment.
     
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  11. serendip

    serendip Well-Known Member

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    I'd also get them to make a noise complaint to the cops which needs to be at the time it is happening. Getting the message from multiple sources can't hurt
     
  12. JacM

    JacM VIC Buyer's Agent - Melbourne, Geelong, Ballarat Business Member

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    It's not a civil matter between the tenant and the neighbour if the neighbour gets stroppy and decides to take action against the landlord.

    Have the PM whip the tenants into line with a breach notice as suggested above.
     
  13. wylie

    wylie Moderator Staff Member

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    I'm curious to know whether advising tenants that there have been complaints about their noise is all a landlord could do though?

    Other than that, what action can a landlord take (other than requesting that the PM send a breach notice)?

    And I wonder if noisy parties is enough to send a breach notice?
     
  14. balwoges

    balwoges Well-Known Member

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    One or two parties annually not a worry, constant disturbance to the neighbours would require a warning notice quoting breaching the lease and the intention of termination of their lease if the noise persists.
     
  15. marmot

    marmot Well-Known Member

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    As far as the OC is concerned I think the lot owner is responsible for what happens at the unit.
    We had issues with smokilng a few years back and many areas were made smoke free including the balconies .
    The owners were then held responsible and could face fines.
    You then had to follow up on it with managing agent or tenants.
     
  16. Propertunity

    Propertunity Exclusive Real Estate Buyers Agent Business Member

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    Jet leave it to your PM to fix. That’s what you pay them for you should not even be thinking about contacting the tenant directly.

    Make sure your LL insurance is up to date if you’re concerned about how the tenants will react.
     
    Last edited: 12th Jan, 2019
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  17. marmot

    marmot Well-Known Member

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    What does your strata by-laws say about the matter.
    Who ultimately is held responsible.
    If the other owner keeps on complaining to the strata/OC , they may hold you responsible ,since you are the lot owner ,Its then up to you to follow up with the managing agent.
     
  18. Phar Lap

    Phar Lap Well-Known Member

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    How do you know its a unit?
    I imagined it to be a house.
     
  19. marmot

    marmot Well-Known Member

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    He made reference to OC (owners corporation ) being included into email.
     
  20. wjw

    wjw Well-Known Member

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    Bylaws doesnt really say much.

    Use of premises
    (b) The TENANT must not use or allow the premises to be used in such a manner as to cause a nuisance or cause an interference with the reasonable peace, comfort or privacy of any occupier of neighbouring premises.

    Doesnt say much about who is ultimately responsible and what consequences may be. I suppose, as a landlord, I've replied to the complaints fully supporting the neighbours concerns and outlining what I will be doing (getting PM to follow up asap). Nothing much else I can do really..