Owner rights under ACT Strata and bad tenants next door?

By 1 March, 2012 18

Hello Rioters

After moving back to Canberra and back into my unit as an owner occupier, I am confronted with feral tenants that reside next door.

Our complex is majority owner occupiers, respectful people just living in peace. My issue is with the feral tenants who reside next door and who make living in my own home a nightmare. I’m talking issues along the lines of extreme loud noise, fires in the garage, cars revving in the driveway, and a plethora of “visitors” followed by the tenants passed out on the driveway & more loud noise.

I’ve reported the above to police with little effect, and as the situation continues and with little choice other than to sell (which I cannot do as I just moved back in), I’d like to know what I can do as an owner occupier in having the tenants issued with a fine/eviction notice ?

My body corporate manager is about as helpful as a wet sock. I’ve been a tenant, and now I’m an owner, I’m at my wits end and as a female I’d like to hear views from owners who may have encountered this situation.

Thank u Rioters.

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18 Responses to Owner rights under ACT Strata and bad tenants next door?
#1
madamcholet9:09 am, 01 Mar 12

You could try the managing agent. As part of their tenancy they need to behave themselves.

Having said that, we have had issues with the tenants in the property (freestanding house) next door to us. I know who the agency is who manages the property and complained to them a number of times about the constant barking dog that was not actually meant to be living there. The owner of the house decided to let them keep the dog outside, however the barking issue continued. In the end, after the drunken neighbour and his trusty sidekick had abused & threatened Mr Cholet on the front lawn of our house I requested that they be advised not to come near our property. The agent agreed to pass this on, but also advised us that the tenant had the right to peaceful enjoyment of their property – go figure. Got sorted in the end as he gave the dog up to DAS. No thanks to the agent who just wanted to keep the rent coming in. I requested meetinsg with the agent and owner of the property – again to no avail as they kept dodging the issue. With apologies to good rental agents – most renatal agencies suck and just want the money.

Good luck. I feel your pain.

#2
steveu9:21 am, 01 Mar 12

I would be keeping reporting incidents to ACT Policiing – and get a job number every time. Keep a record in your exercise book in case yu have to point out how many complaints you have had to make now and again. If they chuck burnouts in the street (not on private property) get the rego and report it.

I would be tempted to video some of the unnacceptable behaviour as well for your own records (lets ignore the technicalities of privacy laws for a minute on this one)

Noise Pollution factsheet FYI – http://www.environment.act.gov.au/__data/assets/pdf_file/0013/144112/Noise_in_Residential_Areas_22Sept09.pdf

The body corporate managing agents, IMHO, are pretty much useless.

Have a chat to your other neighbours. They may be helpful with the above as well. They also may know more about these tenants that you can use to your advantage.

#3
HenryBG10:16 am, 01 Mar 12

So you want the police to somehow prevent people from “revving in the driveway”?
You want your neighbours subjected to some sort of rationing system controlling the number of “visitors” they receive?
You think the police have any interest in people who choose to have a lie down in the driveway?
You want to assert your concept of what is “unacceptable behaviour” on your neighbours?

Good luck with that.

You live in the city. Other people live in the city.
People who live in the city see each other and hear each other.
If you don’t like it, you could move somewhere less lively. A retirement village, or a country property might fit your bill.

#4
JohnK2:26 pm, 01 Mar 12

Sell.

It’s the most effective way of dealing with this kind of neighbour problem.

#5
BethiePrice3:34 pm, 01 Mar 12

You could always find out the owner’s details and contact the owner directly. You should be able to do that as part of a body corporate.

#6
obamabinladen2:34 am, 02 Mar 12

You need to relax ya ballz and go party with them!

#7
poetix9:23 am, 02 Mar 12

‘…and as a female I’d like to hear views from owners…’

?
Don’t quite understand this bit!

#8
BethiePrice11:03 am, 02 Mar 12

poetix said :

‘…and as a female I’d like to hear views from owners…’

?
Don’t quite understand this bit!

I think (and correct me if I am wrong) that the female owner needs some ideas on how to manage rowdy tenants by herself without having to have a macho musclebound henchman

#9
PantsMan11:11 am, 02 Mar 12

Report them for dealling drugs: http://www.act.crimestoppers.com.au/cs/home.jsp

#10
watto231:01 pm, 02 Mar 12

Its a difficult situation, but the body corporate can take action. How effective it is, depends on the body corporate. In mine, we have taken action against someone with a barking dog (mostly because it was left locked in a tiny yard all day and night). We also just made someone pay to get their fence repainted. Loud noise has also been dealt with. Of course the managing agent is useless, we useually have to make them send letters etc.

Generally the more owner-occupiers in a complex the better chance you have of getting some action taken.

#11
markjohnconley4:33 pm, 02 Mar 12

Depends on how loud and how frequent the ‘revving’ is. I’d park outside the rental agent or better still the owner, and ‘rev’ my car to an equivalent decibel level, mark

#12
farnarkler6:27 pm, 02 Mar 12

Become an apiarist.

#13
gazket6:34 pm, 02 Mar 12

buy some ear muffs then drink some cement

#14
Alderney6:44 pm, 02 Mar 12

HenryBG said :

So you want the police to somehow prevent people from “revving in the driveway”?
You want your neighbours subjected to some sort of rationing system controlling the number of “visitors” they receive?
You think the police have any interest in people who choose to have a lie down in the driveway?
You want to assert your concept of what is “unacceptable behaviour” on your neighbours?

Good luck with that.

You live in the city. Other people live in the city.
People who live in the city see each other and hear each other.
If you don’t like it, you could move somewhere less lively. A retirement village, or a country property might fit your bill.

This point of view is one of the most ignorant pieces of claptrap I’ve heard in a while.

A baisc tenet of liberalism is that one can do as they wish up to the point it begins to impact on others.

You sir are a tool. 10.16am is a bit early to start drinking isn’t it?

Why is it that the people on the wrong end of idiots are the one’s who have to wear it? For a few grand I’d sort the problem for you OP. However, Mrs Alderney has forbidden me from revisting certain periods in my life.

#15
Flatone8:08 pm, 04 Mar 12

I would be getting in touch with the owner. They may not realise the situation and may be concerned about damage to their property.

#16
toriness9:29 pm, 04 Mar 12

not just as a resident within a body corporate but as an owner you should demand that the strata manager notifies the owner of the offending property of the behaviour of their tenants – if what you say is all true, the owner(s) would surely be very interested to know about the potential damage to their property and act upon it. there should also be body corporate complex rules which relate to peaceful enjoyment of your residence, the strata manager should be making some sort of attempt to enforce these rules – it’s one of the benefits of being in a body corporate. if the strata manager is not being effective, ask for the contact details of the executive committee for the body corporate and put forward your views to them.

#17
HenryBG10:01 pm, 04 Mar 12

Alderney said :

10.16am is a bit early to start drinking isn’t it?

I don’t think you get to decide that. What about a champagne breakfast? Or a nice shot of rakir after a morning’s beach fishing? I assume your neighbours are curing their hangovers with a can or five of pre-mixed bourbon and cola.
To each their own.

#18
turntabletreachery1:01 pm, 17 Mar 12

maybe its just that ur up ur own arse and think ur more of a human than ur tenants sounds like u might have bi polar and worry about other peoples shit instead of looking in your own greedy land lord self centred money focused mirror

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