How to legally force neighbour (renting) to move out

[lamecrocs]

Hi All,

Our neighbour has been renting for more than 1 year now. Strata Manager has sent a formal letter to the managing agent about their behaviour that has breached the law i.e. smoking in the common area (hallway/lift) which were caught on security camera, trashing the common area, etc.

We knew that initially they signed for 12 months lease (which should due in late Nov) and before, we had been speaking / warning the managing agent to help find another tenant.

However, the lease has now been renewed. The agent responded with "tenant pays rent on time" and obviously, does not respect the warning letter and by-laws.

Could you please advise on what could we do in this murky situation ?

Cheers,
LC

 

[tobe]

take it up with the body corporate. If there is a penalty for what this tenent is doing, then the body corporate should be enforcing this penalty with the unit owner.

If there arent any penalties, put up a motion for penalties at the next body corporate meeting.

 

[SeafordSunshine]

Trashing .....

Dear Lame Crocs

Could I suggest you find out who is the managing agent? and send a copy of these clauses to the director.

They will have signed a 'standard NSW lease,' I think you can download a copy of this form, from Fair Trading?

In one of the lease clauses you will find


USE OF PREMISES BY TENANT
15. The tenant agrees
15.2 not to cause or permit a nuisance,
and 15.3 not to interfere, or cause or permit interference with the reasonable peace, comfort or privacy of neighbours
this goes on for ages, about all sorts of things, that you can do wrong....


write down exactly when time of day and date and where they do this stuff, copy of the CCTV and let the managing agent know that you will be taking this matter further..

If they choose not to act, you could always go to the tribunal to ask them to leave?

Put all this in writing, it is a bit of work, but living next door to people who make life miserable is in my experience even more work..

Let me know if I can give you any more help,
I am not a solicitor, though
cheers

Seaford Sunshine

 

[Ed Barton]

If they choose not to act, you could always go to the tribunal to ask them to leave?

I doubt it. A neighbour is not a party to the rental contract.