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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    It is a unit. Not apartments, but townhouse.
     
  2. marmot

    marmot Well-Known Member

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    The lot owner is usually held responsibe if you are dealing with the owners corporation /strata and you then deal with the issue as you see fit.
    Can the oc issue fines if certain by laws are not adhered to.???. Check with strata by laws.
    Whick in many cases may be sent to the lot owner address.
     
  3. thatbum

    thatbum Well-Known Member

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    Tenants causing a nuisance is a breach of of the lease terms, and can be dealt with just like any other breach of the agreement such as damaging the premises or not paying rent.

    Following the right procedure, a landlord can apply to tribunal and ask for remedies such as compensation for loss, injunctions against certain behaviours, or termination of the tenancy.
     
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  4. dabbler

    dabbler Well-Known Member

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    in a strata complex, you will find owners also have responsibilities.

    besides

    Who advocates for ***** bag LLs ? If you purposely leave disruptive noisy tenants in any property, then your a dirt bag too.

    No one else has too, but I always pay attention to this sort of thing if the people informing are reasonable average people, for 2 reasons, it is in my interest, it is also in the interest of good neighbors.
     
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  5. dabbler

    dabbler Well-Known Member

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    I see.

    You have a responsibility, I would ask PM to warn them and keep records, if the BC has also been informed, I would have a chat to the member/s.

    Never do things yourself if paying a PM, they manage the property and you may do something that causes issues for yourself and PM as well.
     
  6. Michelle Evans

    Michelle Evans Well-Known Member

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    A breach can be sent for nuisance. It’s an official VCAT breach notice giving a 14 day rectification period (silly I know but it is in the same set of breaches such as unclean premises). After 3 consecutive breaches you can send a notice to vacate, however, the reality is if you got to that point and your applying for possession, it would only be awarded if you had substantial evidence. By that I’m talking about recordings, affidavits from the neighbours and police report.

    Usually tenants pull their head in after a polite letter / discussion, or the first breach when they realise that the PM / owner mean business.

    Beyond that, if they don’t, you have difficult tenants and best get the them out (issue a 120 day or end of fixed term lease depending in where the lease is at). If they are going to be difficult, then they’ll likely either not take car of the house, or, retaliate to the breaches by issuing their own breaches to the owner the moment a tap leaks... not worth it.
     
    Last edited by a moderator: 13th Jan, 2019
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  7. dabbler

    dabbler Well-Known Member

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    Tenants get prior warning of inspections, a lot clean up then and the rest of the time they relax, of course there can be clean people too, or the wife or one person may be very clean and tidy and they like the bad boy type.....that are total a**es
     
  8. dabbler

    dabbler Well-Known Member

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    The tenant is *your* tenant, do not worry, many LLs think it is nothing to do with them, but it is.

    It is not dis similar to if you lived there and kept bringing disruptive guests over.

    The worst situation is when a LL leases to a govt housing body, who then put in a convicted drug dealer or serious offender, but the LL must shoulder some blame if they are aware of what tenants are up too, it will depend on how clued up the BC are and what the bylaws are, it is possible for a BC to force the sale of a strata unit if need be, they do have some power.
     
  9. Michael Mitchell

    Michael Mitchell Well-Known Member

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    It's up to the OC/BC to enforce their by laws.

    Anyone can report a noise complaint to Police any time of day.

    Don't get dragged in to trying to manage people's behaviours, for example if they weren't your tenants and they were owners of the property, what would the neighbours be doing then? That's what they need to be doing now, but alas the first and easiest step for anyone is always to try and complain to the Lessor/Agent.

    In the GTA's and By Laws it does mention Lessee's are not to cause disturbances etc, as the Lessor you have to weigh up are your tenants worth keeping at the expense of grief to others, or do you use this as a means to move them on..
     
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  10. Ted Varrick

    Ted Varrick Well-Known Member

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    And when the unit/townhouse/house next door to you comes up for rent, why don't you recommend that your recalcitrant tenants move in, so you can exclusively experience, first hand, the issues that are being complained about?

    Alternatively, pull your finger out, and stop pissing off your neighbours.
     
    Last edited by a moderator: 13th Jan, 2019
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  11. qak

    qak Well-Known Member

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    We had this problem with a tenant, but in a terrace house (so no OC rules to comply with). They were asked a few times to keep the noise down, but to no effect really. Council and police weren't interested in noise complaints.

    It all came to a head when the tenant nearly had a fire and the neighbours heard the smoke detectors, all the emergency services were called out, everyone was evacuated, the front door had to be broken down and so on ... ok, accidents happen, we thought, could have been anyone.

    Then it happened again two weeks later!!!!

    At that point we told the PM to get them out, they were gone in a couple of weeks.
     
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  12. Phar Lap

    Phar Lap Well-Known Member

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    I didn't know it was a strata situation, thought was a freestanding house. Settle dabbler.
     
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  13. JacM

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

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    @wylie regular noise does indeed warrant justification for a breach notice. If the noise is associated with child abuse, the property manager may opt to contact the Department of Childrens' Services as well.
     
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  14. dabbler

    dabbler Well-Known Member

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    Same applies to a free standing house if you allow idiots too carry on after being advised.

    I do not need to settle, you may need to look at what your advocating for many new too property, as I bet you would be not happy if you had such a LL ignoring yahoos that moved in next door to you and were disrupting your life.....

    So I am just trying to clarify, so people can make reasonable decisions.

    What I find, is it is PMs who hide the drongo tenants, I really dislike it when I find out many people near my IPs had been having major and many problems with my tenants & that is because these same tenants cause me lots of work and cleanup and costs, the OP is lucky he has been told IMO.

    So I stand by what I say, do not tolerate this type of tenant no matter what the property, as it has potential to be detrimental for all, but of course, you do not want to be a hair trigger or overly sensitive, everyone is entitled to have a bit of a do every so often.
     
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  15. wylie

    wylie Moderator Staff Member

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    Absolutely agree with the child abuse, or partner abuse situation.

    I guess in our case, we were managing, and did deal with things just as others expect a property manager to deal with them. I never really have thought about what happens if the neighbours don't have our number. I guess they would contact the property manager instead of calling us (if we had one, and they didn't know us).

    But I do also know that back when we had issues with this particular house, the police told us the neighbours needed to report this. They didn't want to report it out of fear. We did find our hands were somewhat tied.

    The lady and her young child did leave, and the partner also. No issues but it took a little while. I hope she didn't go back to him but I suspect she would have.