Flat Chat Strata Forum Rental rants Current Page

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  • #7365
    Jimmy-T
    Keymaster

      The news that a Magistrate’s Court has ruled that the owners of an apartment are responsible for the noise created by the people they rented it to should send a sigh of relief round apartment blocks in the city blighted by the curse of the crash pad.

      It starts with those notices you see pasted to lamp posts or posted on backpacker websites, offering cheap, shared accommodation in inner city apartments.

      What these notices don’t tell you about is the neighbours – owners and renters alike – who are driven mad by a steady procession of young people doing what they are genetically programmed to do … party 24/7.

      Previously it’s been almost impossible to do anything because these party animals are, by nature, transient so by the time a notice to comply has been issued – if you can even find the person named on the lease – the culprits have moved on.

      But the recent ruling basically says the owners of the apartment have to abide by a noise suppression order because they are ultimately responsible for allowing noise nuisance to be created.

      It remains to be seen if this is the end for crash pads.  But it’s certainly light at the end of a long and very noisy tunnel.

      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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    • #12766
      Billen Ben
      Flatchatter

        Hi Jimmy
        Can you give a case reference so if it needs to be “waved about” in a CTTT application it can be referenced.

        CTTT disregard all sorts of things so having a reference to the case could be the difference between a CTTT Member considering comments as opinion and the Member having to deal with it because it is referenced.

        #12767
        Jimmy-T
        Keymaster
        Chat-starter

          The case was:

          63913/11  –  JEAN WHITTLAM  v  SARAH HANNAH & JOHN HANNAH

          IN THE LOCAL COURT, DOWNING CENTRE,

          Decision by MAGISTRATE GRAHAME handed down on TUESDAY 22nd FEBRUARY 2011

          NB:  The decision misspells the Hannas' surname which has no H at the end.

           

           

          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.
          #12774
          Anonymous

            Hi Jimmy and any lawyer tuned in.

            Does this precedent mean owners are also 'ultimately responsible' for other breaches of strata by-laws their tenants might commit, and even other, shall I say anti-social or criminal behaviour their tenants might engage in?

            #12778
            Jimmy-T
            Keymaster
            Chat-starter

              Only if it's something their management of the apartment could reasonably have affected. For instance, that would apply if there were repeated complaints about by-law breaches with Notices To Comply not able to be served on tenants because you can never find the person named on the lease (who may not even live there).

              The Noise Abatement Order was an extreme ruling on an extreme case – bu there are a lot of those extreme cases around the city.  Most landlords unlucky to have unruly tenants will not be affected by this – provided they work with the other owners and not against them.  But the landlords who get repeated complaints and say “not my problem” will find that it most certainly is.

              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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