#14201
Jimmy-T
Keymaster

    First of all, the EC can take action directly against the tenants, via Fair Trading and the Consumer, Trader and Tenancy Tribunal, regardless of the landlord.  They will need to hold a meeting at which the issues and decision to send a Notice To Comply is minuted.  You can download the official Notice To Comply form HERE.

    If, for instance, it's difficult to nail down who the tenant is, the EC can also take action against the owner for failing to manage their tenants properly (and a warning that they might do so may be all it takes as Clive2000 outlined above).

    If the EC doesn't want to get involved (and if so, why are they even in the job?), you and your neighbours can go directly to Fair Trading (Tel. 13 32 20) to get this problem sorted. You can download an application form for mediation (mandatory before you can take any further action) HERE.

    If mediation fails, you can then apply for an adjudication at the CTTT.  You can download the form from HERE.

    And you can go to your district court and get a Noise Abatement Order issued against the tenants (and landlord, if need be). You can find out more about Noise Abatement Orders HERE.

    But really, a strongly worded letter from the EC to the landlord telling them to either shut their tenants up or kick them out (they are already in breach of their tenancy agreement by being in breach of by-laws), and outlining the options open to the EC to pursue this may be enough to get a result.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.