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QUESTION: I live in a block where, for the last year, there’s been a group of very noisy youths in one unit, shouting, swearing and talking loudly on their balcony all night, coming home at 4 am and being rowdy till 7 or 8 am or longer, with bottles being smashed and loud music.
I and others have complained in writing several times to our EC, who just say the owner of the unit doesn’t care what happens in it. I’ve rung the police but they don’t attend. What can we do to get our EC to take some action? – Batteryhen, via Forum
ANSWER: 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 can also take action against the owner for failing to manage their tenants properly.
What’s more, you and your neighbours can by-pass the EC and go directly to Fair Trading (Tel. 13 32 20) to get this problem sorted. And you can go to your district court and get a Noise Abatement Order issued against the tenants and landlord.
For the whole discussion on this and links to the forms and documents you need to silence noisy neighbours, go HERE.
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.
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I am a new member of this forum and this is my first post, so please excuse any faux pas or guacherie, but I have a query about this article, which I have also raised with JT.
In the answer section of the column it is stated that 'They (EC) can take action against the owner for failing to manage their tenant properly'.
My question is, can an owner be held responsible for the behaviour of a tenant, and if this is so, there must be some legislative reference for this. I cannot find any such reference in the Act or the Regs and I was wondering if anybody knows the reference.
A problem arises where an OC decides to take an owner to the CTTT, for the behaviour of their tenant. It seems to me that such an owner would be in position to say to the CTTT that he was not the one to breach the by-laws, and therefore cannot be held responsible.
I am aware that tenants can be held responsible for their breaches of the by-laws, and can be taken to the CTTT with due process, but what happens in the circumstance where there is a tenant's name on the lease, and that tenant is rotating other residents through the property (I guess subletting without any contract) on a short term basis, for example weekly or fortnightly, and any or all of those residents breach. Tenants should also be signing lease agreements which include a clause about compliance with the by-laws, but I am also sure that doesn't always happen either.
Any comments?
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