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Tenants have problems with neighbours, what to do?

Discussion in 'Property Management' started by Jat, 8th Feb, 2017.

  1. Jat

    Jat Member

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    Hi, I'm having some issues with my tenants and I'd appreciate any personal experience you can share to help me in making a decision.

    This is the situation:
    - The tenants are good, they take care of the house, pay rent on time (through Centrelink)
    - Neighbours started calling me and the property management saying there are many verbal abuse from the tenants towards to them and some physical attacks (to the neighbours fences). I got a picture of the last attack that happened a few weeks ago. All this complaining started about 6 months ago and got increasing.

    At the begining I sent the neighbours to deal with the Property manager but they kept calling about new issues and saying the PM wasn't listening. I spoke with the PM and they said it's an issue between neighbours and there is nothing we can do.

    Finally many of the neighbours from the block (6 in total) sent a letter to real state saying they will take legal actions because of many issues and they were mentioning on the email.

    The PM came back to us and say we should let the tenants go because this was going too far.

    This happened about 4 months ago, so they sent the eviction notice saying they should leave the property giving them the 3 months notice.

    The 3 months notice expired on Monday this week (2 days ago). The tenant stopped paying rent 2 weeks ago and they didn't move out.

    The PM spoke with them and they said the will pay rent again and fix the neighbour fence (they broke) if we let them stay. The tenant also says the neigbours attack them and that's why they have so many issues.

    The PM now is saying since the tenants take care of the house, and pay the rent we should let them stay. Otherwise we should go to court and that may take about 4 weeks in total from now because they have young kids living in the house.

    Maybe you went through this situation or something similar and can provide an advise on what is the best way to manage it.

    Basically I have to make a decision in letting them to stay and deal with the neigbours or letting them go and face what ever that brings (court, potential damage on the property, loss of rent, etc)

    Appreciate your input.
    regards
    Jat!
     
  2. Terry_w

    Terry_w Structuring Broker and a Structuring Lawyer Business Member

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    Its yours to decide

    What happens if you let them stay and the play up again - another 3 months, this time with no rent perhaps.

    Is your insurance up to date?
     
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  3. Jat

    Jat Member

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    Thanks Terry for your response, yes, insurance is up to date. I see the risk you are talking about.
     
  4. Chivaun

    Chivaun Property Manager - Logan, Brisbane, Ipswich Business Member

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    If they have already damaged the fence what other damage may the do in the future. They may pay their rent through centrelink but do you want the heartache of constantly being contacted in regards to these tenants and one the next routine inspection report there maybe damage inside the property.

    It sounds like these tenants are taking more of your time than they need to, I agree with Terry. Ensure your insurance is up to date and it is your final decision.
     
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  5. Otie

    Otie Well-Known Member

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    I think the neighbours should be complaining to the police not the PM. I think if your house isn't being damaged, and if you can get them to catch up and continue paying rent that would be the best option. Tell the PM to direct them to the police if there are further issues, or to take their own civil action against one another. I don't see how you should be having to deal with this, I also don't think that was reason to evict them either. Id rather have the rent paid than a vacant property and VCAT dramas
     
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  6. Tim & Chrissy

    Tim & Chrissy Well-Known Member

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    If the entire block got together to lodge a complaint the common denominator is your tenant. Sounds like they will burn you sooner or later, my thought would be it's better to keep the eviction process going now to minimise the rent loss (imagine if next time they stop paying at the start of the 3 month notice period).

    We have a tit-for-tat war between out tenants at the moment but we can't figure out who is at fault and our requests for letters from both outlining the history of events (prior to us buying the property) haven't been fulfilled.
     
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  7. vbplease

    vbplease Well-Known Member

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    If your Tenant claims they have been attacked, then why would they want to stay?
    It sounds like your PM is pushing for the easy option for now, which will turn into a bigger problem in the long term. They're not paying rent now are they? I'd follow through with the eviction.
     
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  8. wylie

    wylie Moderator Staff Member

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    I also read it initially as the neighbours attacking the tenants, but on a re-read, it seems the tenants have attacked the neighbours and the tenants have done some damage to fencing?

    If so, then I'd say it is a police matter and not a PM matter. I wouldn't have issued a notice to leave because this is a police matter AFAIK.

    However, now they've stopped paying rent, I'd be following the process to have them leave.
     
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  9. HUGH72

    HUGH72 Well-Known Member

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    Sounds like the tenants are dictating terms and are in breach of their agreement. I'm not sure why they are contacting you?
    Get rid of them and once they are gone consider obtaining a PM who does their job rather than leave the difficult problems to you.
     
  10. melbournian

    melbournian Well-Known Member

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    Interesting - this really should be a police matter.

    From a property management perspective - they paid rent on time and take care of the place. It's not really your role to play mediator (if the others have issues on the block, take it up in the owners corp meetings or call the authorities). The other thing I can't understand is how can the other occupants of the block evict someone when they are not even the owner. This has to be done by the other authorities (police, etc). I have been involved in similar scenarios in the past where the neighbours suspected that the property is a drug lab, they report it to police and the offenders get arrested and electricity cut off etc. But the offences are created by the tenants, the landlord has nothing to do with it (and is not a party to the crime). Unless the property is not kept in a safe manner like a partial fence sticking out and someone trips or injures himself, then there would be room to be alarmed.
     
  11. WestOz

    WestOz Well-Known Member

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    Maybe catch-up with the adjoining neighbours/owners, do the whole oh I'm so sorry etc but its so hard to know what kind of tenant will move in when relying on others to manage it that don't live in the same complex etc, ask if their interested in managing it for you, following the tenancy act etc.

    Win-Win, they get to select the tenant, if it goes bad they only have themselves to blame, you don't have to pay PM fees etc. ;)
     
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  12. Jat

    Jat Member

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    Thanks to all for the feedback and suggestions it really helped me to get other points of view about this situation.

    Cheers
    Jat!
     
  13. Lemmy a fiver

    Lemmy a fiver Well-Known Member

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    Neighbors don't pay your rent each month,
    Your tenants do,
    If your tenants aren't paying you, then they are the liability to you.
    Nothing more, nothing less imo,

    I'd get rid of them personally if they are withholding you rent.
    Its like any other business, a client is only a client if they pay you accordingly.
    Otherwise they are only a bad debt.
    They appear to be flexing to show that you are already several steps down their essential debt payment level currently in their eyes.

    Good luck.
     
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  14. Propagate

    Propagate Well-Known Member

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    When you say they pay on time "through centrelink" how does that work? Do centre link make the payments direct? If so, how does a tenant stop paying rent if it's a centrelink benefit that they don't control? Serious question, I have no idea how centre link rent payments work.

    Good luck with whatever unfolds.
     
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  15. Ed Barton

    Ed Barton Well-Known Member

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    They do control the benefit. It's just a service Centrelink offer to help recipients with budgeting. Say the tenant's benefit is 500pw and their rent is 200pw. They can get the 500 in their account and pay the rent themselves or get 300 in their account and get Centrelink to pay their rent. They can stop the direct rent payments whenever they like and get it paid with the rest of their benefit.
     
  16. Propagate

    Propagate Well-Known Member

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    Thanks @Ed Barton I was curious how it worked. I'd wrongly assumed it was like the DSS payments in the UK where the DSS pay the rent, (effectively like a rental guarantee almost).
     
  17. Ed Barton

    Ed Barton Well-Known Member

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    There is 'rent assistance' if you're receiving benefits, but it's a pittance and doesn't have to be paid to the LL direccctly .
     
  18. Propertunity

    Propertunity Exclusive Real Estate Buyers Agent Business Member

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    NO, they'll pay the rent and fix the fence whether they go or are allowed to stay. I'd terminate the lease and have them move out voluntarily or with the sheriff enforcing a Tribunal order.Neighbors are entitled to "quiet enjoyment".
     
  19. hash_investor

    hash_investor Well-Known Member

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    Just let them go asap. You have done 3 months already. Dont take risk with the same tenant again.