Flat Chat Strata Forum Rental rants Current Page

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  • #7377
    Jimmy-T
    Keymaster

      QUESTION: In your story in last week about backpackers in flats, you said that landlords will be held responsible for tenants’ noise and disturbance.

      How can that ever work?  Why should I be fined if prospective tenants turn up in suits but turn into party animals the moment they get the keys? – Bernie, Kings Cross.

      ANSWER: It’s actually quite hard to get a Noise Abatement Order, which is what that story was about. You have to prove that there’s a pattern of noisy behaviour over a long period and which continues despite numerous complaints.

      The ruling will affect apartments where there is a high turnover of residents, probably over-crowding and no clear idea of who actually holds the lease.  It could be a sub-sub-let, with nobody there to take responsibility.

      Why should landlord have to bear the brunt of this?  Because they are making money out of it with zero concern for their neighbours who, we can assume, didn’t ask to live next to Party Central.

      This ruling won’t affect ordinary landlords who are just unlucky enough to get some bad tenants.  But it will hit greedy bastards who cram flats full of low-rent transients then refuse to listen to complaints from their neighbours.

      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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    • #12790
      struggler
      Flatchatter

        I have friends who live in a townhouse in the eastern suburbs.  There is an apartment block behind them that is apparently owned by the one person.  It is backpacker central.  There is constant noise from this block.  My friends have called the police on more occasions than they care to remember.  After each police visit, my friends are bombarded with bottles and debris from their party and called offensive names.  My friends have complained to every governing body they know.  Still they have to live under these conditions.

        To make matter worse, the townhouse next to them is rented out to some more backpackers.  My friends have asked them to keep the noise down.  This resulted in the “backpackers” parking in their car so they couldn't move it (they had to catch taxis to work that day). They are not in a position to move out (and why should they?)   I am passing all the information on this ruling to them.

        I have been a landlord myself in the past.  It only took one phone call from an irate OC members (at 7am on a Sunday morning!) for me to warn my tenants that offensive behaviour (of them or their guests) or excessive noise would not be tolerated and they would be out! 

        I count my blessings that I have only had the occasional party (with good behaviour and a bit of music) in the places I have lived in.  I cannot imagine living with constant noise!

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