#23208
Jimmy-T
Keymaster

    The owner has a duty to moderate the behaviour of any visitor or tenant on their property.

    The way this works is that you have to identify a breach of the by-laws and the EC has to issue a Notice To Comply (which would say that they have breached by-law xx by making too much noise and disturbing other residents who have a right to the peaceful enjoyment of their lot).

    You then write to the landlord and say that since this tenant has breached the by-laws, that means they are also in breach of their lease and the landlord not only has the right to evict them but has a legal duty to either do so or compel them to behave.

    This puts the onus firmly back on to the landlord.

    Another avenue you could explore might be a noise abatement order.  Have a look at this fact sheet which has links to a lot of useful information. 

    Good luck

    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.