#18147
Jimmy-T
Keymaster


    @andyj
    said:
     

    As I understand it neither the OC, EC Strata Manager or CTTT can terminate a lease based on a breach of by laws of a tenant unless the landlord consents.

    Can the landlord be fined by the CTTT for the behavour of their tenants?

    You are right about the OC and all the others not being able to terminate a lease and while I’m not sure about the CTTT issuing fines against landlords (technically they probably can but whether they do or on is a bit of a lottery).  That said, the strata Act does make owners responsible for the behaviour of the occupants of their property (see section of Act at end).

    However the best answer probably lies outside the CTTT/Fair Trading/by-laws nexus.

    Apartment owners and dwellers are still subject to the same noise laws as everyone else so by-laws are on top of rather than instead of State or local government regulations.

    A couple of years ago a precedent was created when a Sydney man and his mother successfully had a Noise Abatement Order served by a local court on the landlords of a neighbouring apartment.  The apartment was let out to a rolling cavalcade of backpacker types who basically slept all day and partied all night.  Because the personnel  was constantly changing Notices To Comply were worse than useless and CTTT Orders took too long to process.

    However, a District Court Magistrate ruled that the landlords had responsibility because they had been told about the problem, they had the opportunity to resolve it (kick the tenants out) and had openly decided to do nothing about it.  

    Anyone who has a chronic noise problem with neighbours should consider this as an option. Any resident of in  NSW can apply for a Noise Abatement Order against noisy tenants and/or the landlords and owner-residents, for that matter.

    In your case, sine the tenants are staying, they would be the easiest and therefore the first target.  But if things got tricky, there would be a lot of satisfaction gained from hauling the landlord before the beak too.

    The cool thing about a Noise Abatement order is that a breach is a criminal offence – the miscreants can actually be arrested.  And, at the very least, the cops WILL come if your report a breach of a court order rather than a noisy party (although they often come to that too).

    You can find out more about Noise Abatement Orders HERE and download a pamphlet on noise HERE.  And you can read more about the story quoted HERE and HERE.

    And this is the relevant section of the Act if you go down the CTTT route:

    117   Owners, occupiers and other persons not to create nuisance

    (1)  An owner, mortgagee or covenant chargee in possession (whether in person or not), lessee or occupier of a lot must not:

    (a)  use or enjoy the lot, or permit the lot to be used or enjoyed, in such a manner or for such a purpose as to cause a nuisance or hazard to the occupier of any other lot (whether that person is an owner or not), or

    (b)  use or enjoy the common property in such a manner or for such a purpose as to interfere unreasonably with the use or enjoyment of the common property by the occupier of any other lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the common property, or

    (c)  use or enjoy the common property in such a manner or for such a purpose as to interfere unreasonably with the use or enjoyment of any other lot by the occupier of the lot (whether that person is an owner or not) or by any other person entitled to the use and enjoyment of the lot.

    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.