- This topic has 5 replies, 3 voices, and was last updated 9 years, 1 month ago by .
-
Topic
-
Hi Although not quite strata or flat related I have an issue i would like some advice on relating to a rental property.
Background:
Rental property, house and land, behind our residence. No agent involved and tenants rent directly from owner.
Problem: Recurrent issues with long loud and intrusive parties. Has been going on for years. Council compliance officers attended and police multiple times. We have erected a 2.1 metre fence at our expense and with council approval to maintain privacy but partiers now get on roof of dwelling to party. As they get drunker their behavior diminishes to the point of loud and offensive language, they enter our property without permission by climbing over the fence, they throw rubbish into our yard, they urinate publicly (even from the roof).
The council seem unable to help any more. when the police come they deny the actions and shut down for a short time and then start up. I challenged them last Australia day and was harassed because of it. It is VERY intimidating to have thirty or forty extremely drunk adults invading our privacy and our home.
The landlord , who has been made aware of the issues, is completely inactive as he has many rental streams coming in through the house. (Is there a limit to the number of occupants?)
The council suggest community Justice. I don’t think that will help. Short of filming the episodes and having them arrested what can i do? Surely the landlord must have responsibility in this as i am sure if an gaent was managing the property they would have been evicted years ago.
thanks for your help!
Rob
-
Replies
-
A couple of questions:
1) are you a tenant of your residence, and if so
2) do you rent through the same landlord as the party house?
The answer is to gather your evidence and apply to your local District Court for Noise Abatement orders against the landlord. You would normally apply for orders against the tenants but since they are transient and likely to change, it may be more effective to take action against the landlord.
The principle underpinning this is that the landlord has the capacity to limit the noise, under the terms of the Residential Tenancies Act, and they have been made aware of the disturbance but have chosen not to act.
A Noise Abatement Order means that if there is any repetition of the disturbance, the subject of the order is in breach of a court order which is a criminal offence and they can be arrested and fined.
You should get together with other affected neighbours to share the costs of legal advice. This may seem like a sledgehammer to crack a walnut but people have to be held accountable for their actions and this landlord is happyto take the rent but let you deal with the consequences of their “hands-off” approach to their tenants.
Evidence such as police reports and responses from council will be invaluable in building your case so gather everything together and find a lawyer who will run this for you. Our sponsors might be a good place to start.
The precedent for making landlords responsible for the disturbances of their tenants was set in a case heard by Magistrate Grahame on February 22, 2011 in the Downing Centre Local Court.
The case was No 63913/11 – Whitlam Vs Hannah and was an application for a noise abatement 20 order pursuant to s 268.4 of the Protection of the Environment Operations Act of 1997. It stated that an order can be made under s 268 of the Act, if the Local Court is satisfied on the balance of probabilities that the alleged offensive noise exists.
NB: This was nothing to do with strata law which, frankly, had failed the owners (as it so often does).
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.
@bart said:
We have been down this path before … We stopped short of a Noise abatement order as they seemed to temper their behaviour for a time. Alas it has started again.That’s what happens when you don’t go all the way. A noise abatement order will see them move away to party on someone else’s roof. If they don’t they or the owner can be taken to court.
A noise abatement order against the owner means that whoever is living their, the landlord will cop the fines (as they should).
Don’t try to fight this with one hand tied behind your back. There is no cure for selfish stupidity. Hit them as hard as you can and that will be an end to it.
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.
- You must be logged in to reply to this topic.