Andy – s117 is the3 appropriate clause of the Act whereby you can take action against owners for the behaviour of their tenants however the first point of call will be enforcement of by-laws. Only when there is an ongoing pattern of complaints to the tenants and owners with the owners failing to take action will you be able to go after the owners.
Whale – Whitlam v. Hannah may be relevant in some ways but was not about s.117. The case was re a Noise Abatement Order against the owners who demonstrated a very long and ongoing failure to reduce noise by a long line of short term, over crowded tenants. It was found that the way the lot owners advertised and leased their unit had a considerable impact on the cause of the ongoing noise issues.