how to get rid of noisy neighbours

[charttv]

Is it possible to force a landlord to evict tenants on the grounds of noise complaints?

Do you have to complain a set number of times to a strata manager, the police, council/ relevant government authority, etc until a landlord has no choice but to boot them out?? How does it work?

I note that Section 44 of the RTA WA stipulates "that the owner should take all reasonable steps to enforce the obligation of any other tenant of the owner in occupation of adjacent premises not to cause or permit any interference with the reasonable peace, comfort or privacy of the tenant in the use by the tenant of the premises."

In plain English I take this to mean that it's a landlord's responsiblity to ensure that neighbouring properties don't make too much noise for their tenants which is kind of ridiculous.

So if a neighbouring property at one of your IPs decides to have a noisy party late into the night it's your responsiblity and not the tenants to make sure they keep the noise down???

 

[marg4000]

Years ago my sister lived next to a house with the tenants from hell. Noise at all times of the night and domestic violence involved.

The local RE agent who managed the property could not care less. So she copied down the "after hours" contact numbers from the window and every time she was awakened at 2am by noise she called one of the agents. They were NOT amused but she simply said that every time she was wakened, so would they be.

Tenants were evicted promptly.

Probably would not work in the present times of mobile phones that can be turned off, but it worked for her.
Marg

 

[Dazz]

I note that Section 44 of the RTA WA stipulates "that the owner should take all reasonable steps to enforce the obligation of any other tenant of the owner in occupation of adjacent premises not to cause or permit any interference with the reasonable peace, comfort or privacy of the tenant in the use by the tenant of the premises."

G'day Charttv,


I think you've interpreted that sub-clause wrong. It is clause 44.(1).(c) to which you refer. You have quoted it correctly, but it means that neighbouring properties only owned by the same Owner has a responsibility to control his Tenants such that his neighbouring tenants can enjoy peace and quiet.


It says nothing about being able to control neighbouring Tenancies owned by another Owner.

The sticky bit of course is what is considered "all reasonable steps". The solicitors like to chuck vague notions like that through the legislation to keep it nice and wishy-washy so they leave themselves some "argue room to manouvre".

Unfortunately, clause 44 is one of the rare ones that cannot be contracted out of a residential Lease in WA.

 

[wylie]

We had tenants who liked to have domestic screaming matches late into the night. The neighbours know us personally, and contacted us to ask, very nicely, if there was anything we could do.

They, of course, did not want to call the police, so we told them that this was what they could do. Failing that, we would not renew the lease but in the absence of them calling police, there was nothing we could do apart from wait for the lease to end.

We did just that.

The same house, same neighbours, similar issue. (We had a two lots of less than ideal tenants following each other in this particular house, which was a direct result of needing rent flowing, and thus not listening to our gut instinct.)

This second lot were a different kettle of fish altogether and we believe drugs were being sold. Again, the neighbours let us know what was happening, which we were happy to hear. Unfortunately, again they did not wish to be involved. Again, we could do nothing until the lease ran out.

Except.... that in this case, they fell behind in their rent. As soon as they were seven days (from memory) behind, we would issue a breach notice. They paid a few times, until the time they didn't catch up and we were able to get them out legally.

So, really, as far as I know, if neighbours complain to the police each time there is a wild party, or other actionable infringement on their quiet enjoyment, that is what they need to do. Telling the landlord but not wishing to make a complaint to the authorities means they are stuck with that tenant until the lease runs out (if the landlord also wants them out) or until the loud tenant decides to move on of their own volition.

 

[Dazz]

Hi wylie,

Two good practical examples of the situation at hand.

Could I ask a question re: your first example please ??

I presume your family were not within earshot of your Tenant's having long screaming matches, and you didn't mention that they were late with the rent or damaged the place.....so I just wondered, was the complaining neighbour the only reason you didn't renew their Lease ??

I guess if that was me, if everything was OK other than they were loud / unpleasant, but I was miles away and never heard it, then I can't see what the problem was, especially if it didn't annoy the neighbour that much that they weren't prepared to complain.

 

[wylie]

We didn't go with our gut instinct and we should have. Having neighbours who know us through school and who let us know there were arguments into the night was enough for us to decide to not renew the lease. It was never going to improve so it was a no brainer.

 

[Dazz]

Fair enough.

 

[kathryn d]

We had this problem with a rental. Our daughter was the tenant and she took in roommates. The lady next door was the one complaining, and calling us.I told her I would speak to the tenant and if it didn't help, she would need to contact the police.She lived 200 M away, on the opposite side of apt building and refused to close her window.
Several times the police were called, and there was never an issue of noise.They worked shift, and enjoyed a barbeque and a few beers after work after 11 pm.
The next set of tenants, were 3 young men who also liked to have gatherings.Police were called. One of the young men called us as they were not getting along too well. We offered to release them from their lease.

We've had a nice family in there for a couple of years. It really irked me when we were showing this family the property, this complainer came over and said stated she hoped these tenants would be better than the last bunch.

As long as our tenants pay on time, do no damage, and it's a single family home, we don't interfer with their "quiet enjoyment" of the home.If the neighbours have a problem, they can call the cops.

 

[charttv]

it means that neighbouring properties ONLY OWNED by the same Owner has a responsibility to control his Tenants such that his neighbouring tenants can enjoy peace and quiet.

okay, got it. so if you have two properties next to each other and one set of tenants is making a racket then it's up to you to quieten them down.

Nicely vague bit of legalese.

 

[INVSTOR]

wHENEVER I've had noise complaints to the police in wa & Qld the first question they ask is if they are owner occupiers or tenants. When the answer is OO they say they can't do anything but would be able to do something if they were renting.

 

[INVSTOR]

You should have been a solicitor Dazz!

 

[kathryn d]

One thing we know, police do not always know the correct answer.

 

[WinstonWolfe]

wHENEVER I've had noise complaints to the police in wa & Qld the first question they ask is if they are owner occupiers or tenants. When the answer is OO they say they can't do anything but would be able to do something if they were renting.

Whether offenders are OO or renters is BS in Qld. Police have the power and duty to its employer (taxpayer) to issue noise abatement directions....and if not complied with, remove noise generating equipment.

A lot of police are poorly trained and paid lazy slackers who think it beneath them to take noise complaints seriously.

If the police repeatedly don't act on your complaints, then complain to the station officer in charge, and tell them you are making a formal complaint with your local State Govt representative. Also form a community group to make a joint complaint.

And when making noise complaints to police, always better to get a couple of neighbours to ring up as well. The police take multiple complaints from nearby neighbours a lot more seriously. Same with complaints to PMs. The PMs are supposed to give the tenant a notice to comply with their lease agreement. Failure to comply, by creating a second offence within a set period, is supposed to result in an automatic eviction notice, from memory.

 

[charttv]

update

contacted the owner of said property. several letters with details of time and nature of noise complaints sent.

owner just rang me. many other tenants in the building have also complained. On the brink of eviction.

Sometimes you get those tenants who are as sweet as pie when it comes to handing over the keys. As soon as they have them in their hot little hands their inner demons rise to the surface. Looks like it was much the case with this lot. Hopefully not long until eviction notice is served.

 

[kathryn d]

Just curious.
If these noisy neighbours were owners, what would have happened to them?

 

[KateMelb]

I went through this a couple of years back with a tenant whose teenage son (not on the lease) was driving the neighbours to dispair with noise and drug-fuelled behaviour. Police were called multiple times but the rent was always paid on time and no repairs were ever required.

I got sick of the neighbours' and body corporate's complaints so I issued the 120-days-with-no-reason eviction notice in the Residential Tenancies Act. Neighbours and BC accepted that and soon enough the tenants had left.

 

[Deltaberry]

Several times the police were called, and there was never an issue of noise.They worked shift, and enjoyed a barbeque and a few beers after work after 11 pm.

I don't know what your situation was like. But in one of my places the neighbour tenant were a bunch of uni kids and they'd always have a beer after 11pm too, with loud music and what not. I could hear them on the street. So I told my tenants to call the police if they ever have an issue. It works like magic.

My neighbour back then used to bang the drums from 11pm onwards. I made sure the police knew every time.

 

[kathryn d]

The police were called several times, and every time, they were told they were within the limit. The offficer just politley asked if theywould go inside.The tenant neighbour who complained was an old grouch, and I didn't particularly cared if it bothered her. Sorry if that sounds mean.
My tenants had the same right to enjoy their backyard and patio as she did. My tenants wouldn't be able to complain if the lawn was mowed at 9 am,when they would normally still be asleep.

Why should I find new tenants, if the current ones were paying on time and doing no damage.

I'm not suggesting that is the problem with the poster charttv is the same as mine was.

 

[Shue!]

Why should I find new tenants, if the current ones were paying on time and doing no damage.

I think you would have a different attitude if you were on the other side of the fence

 

[kathryn d]

I think you would have a different attitude if you were on the other side of the fence

You may be right.
I also wouldn't complain to the Landlord. I would deal directly with the police.
That is exactly what I have stated here.