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[Jimmy-T]

A landlord whose tenants’ children have been accused of being noisy and playing ball games in the common area wants to know if the other residents are over-reacting or if he should give the tenants notice to vacate.

One child was seen throwing stones at a neighbour’s property while another climbed a fence to retrieve a ball. A neighbour who complained got a hostile reception from the parents.

Meanwhile, the situation escalated when a couple of Notices To Comply were issued, but some residents have no problem with the kids.  So what does our Flatchatter do?

You can’t ban kids from standard strata schemes but owners can make it clear they don’t want any around.  It can’t be pleasant for a family living in a place where their kids are clearly unwelcome, although they may not have much choice.

Assuming the tenants were given the by-laws of the scheme, it’s worth pointing out that they have to be observed or the tenants may be in breach of their lease. Then I’d give them every chance to moderate their behaviour.

If they continue to breach by-laws in a way that shows real lack of consideration for their neighbours, you may be able to give them notice to quit (depending on where you are in Australia).

Otherwise wait until the appropriate period before their fixed term lease runs out to tell them it won’t be renewed.

There are different laws for both strata and residential tenancies in different parts of Australia. You will find a link to advice for tenants and landlords in the different states and territories HERE.

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