Naughty tenant

[Lissy]

From: Felicity W.


Hi everyone
I've just received a letter from the body corporate of a unit I own, stating that my tenant was throwing things at other tenants and demanding that I evict him.
Has any had experience with this type of situation? Or have any suggestions on what I should do / ask etc?
Keep smiling
Felicity

 

[Sim]

Reply: 1
From: Sim' Hampel


On 3/26/02 12:15:00 PM, Felicity W. wrote:
>
>I've just received a letter
>from the body corporate of a
>unit I own, stating that my
>tenant was throwing things at
>other tenants and demanding
>that I evict him.

The first time I read that, it sounded like you had said it was the tenant who was demanding that you evict ;-)

Maybe he has some kind of fetish for getting kicked out of rental accomodation ?

 

[Jacque]

Reply: 1.1
From: J Parker


If it were me, Felicity, I would be ringing the person who wrote you the letter to find out the exact circumstances, then following it up with an inspection. Who knows? You could actually find out that it is the other tenant at fault. Get the real story first before you make any decisions. Good luck.
Cheers, Jacque

 

[Glenn]

Reply: 2
From: Glenn Mott


Hi Felicity,

After having my tenants complain about noisy neighbours at one stage, I was advised by the owner of the offending unit (Homeswest) that if I could provide in writing, details of at least 3 occasions when the behaviour was anti-social, they would confront their tenants with this.

Good luck

Glenn

 

[rick otton]

Reply: 2.1
From: Rick Otton


hey! i've just a call from my tenant saying he has been hit by somebody throwing things
can anybody shed a light?
Rick otton

 

[Lissy]

Reply: 2.1.1
From: Felicity W.


The thing that annoys me is that it's all basically hearsay.
The victims are planning to approach the police, yeah, great, it only happened 5 days ago, I'm sure you can achieve a lot that way.
I mean, how am I supposed to know if this really happened, or even if it was really my tenant at all? Quite frankly, after nearly 18 months of being a model tenant, this all seems very out of character.
Anyway, the property manager has talked to the tenant (who's a jockey and often travels about on weekends) - supposedly he wasn't there but some friends from interstate were staying at the unit for the weekend.
The plot thickens....
I'm curious though - can the body corporate force me to evict him? There certainly are a set of "rules" drawn up by the body corporate and given to every occupant, and this would certainly break them.
Keep smiling
Felicity

 

[paulzag]

Reply: 2.1.1.1
From: Paul Zagoridis


In NSW the actions of a Body Corporate are governed firstly by its by-laws and secondly by the Strata Schemes Management Act. Disputes under regulations are dealt with by the NSW Dept of Fair Trading (Strata Schemes and Mediation Services Branch).

I'm just guessing here, but you can't be forced to evict without an order. To get said order the Body Corporate via its agent or executive must serve notice on you and get a hearing.

I think it is unlikely they'll get that order without a fight from you. Rules of evidence do apply and most Body Corporate managers are too slack to follow up.

Dreamspinner
The Oz Film Biz site is archived at...
http://wealthesteem.dyndns.org/

 

[paulzag]

State Regulators of Strata Schemes

Reply: 2.1.1.1.1
From: Paul Zagoridis


I just found the following contacts at http://www.bhg.com.au/better_living.nsf/Content/BHG_April_Article_Strata

Contacts

ACT
Department of Urban Services, Planning and Land Management, phone (02) 6207 1979.

NSW
Strata Schemes and Mediation Services Branch of the NSW Department of Fair Trading, phone (02) 9338 7900 or 1800 451 431 (outside Sydney); or visit http://www.fairtrading.nsw.gov.au to download an information booklet and fact sheets.

NT
Department of Industries and Business, Business Affairs office, phone 1800 193 111.

Qld
Body Corporate Information Service of the Department of Natural Resources, phone 1800 060 119.

SA
Community and Strata Corporation Institute of South Australia, phone (08) 8410 0009.

Tas
Department of Primary Industry, Water and Environment, Land Data Registration Branch, phone (03) 6233 2618.

Vic
Consumer and Business Affairs Victoria, phone 1800 634 389 or (03) 9627 6222 or visit www.consumer.vic.gov.au.

WA
Department of Land Administration, phone (08) 9273 7044.



Dreamspinner
The Oz Film Biz site is archived at...
http://wealthesteem.dyndns.org/

 

[Kristine..]

Reply: 3
From: Kristine .


Hello, Felicity

I think you, and possibly your tenant, are the victim of a 'bush lawyer' body corporate. You don't say if the BC manager is amateur or professional. However, it would appear to be amateur for such a letter to be written.

Refer to Division 5 General Duties of Tenants and Landlords, Section 60, of the Residential Tenancies Act 1997 (Vic), which says the tenant must not ... or permit any nuisance, and also to Section 208, Breach of Duty Notice.

Your tenant (or their visitors), would have to be the Tenant From Hell, and not just an isolated rowdy incident, no matter how distressing to the other occupants, for the wheels to be put in motion to evict them. But yes, believe it or not, a third party under certain circumstances, may apply to the Tribunal for a compliance order. In this instance, it would be to cease making a nuisance.

My suggestion would be to take copies of the BC letter, send one to the tenant with a polite 'please explain to me in writing' note, one to the managing agent with a copy of this note and a 'please file at this time' request, and a brief answer to the BC noting their concerns and advising that tenant and managing agent have been informed of the incident.

The 'thank you for your letter the subject of which has been noted' may be all the necessary or appropriate action required at this time. It would be a pity if you lost a good tenant because of his error of judgement in allowing some 'mates' (with friends like that ..)to stay over.

Hopefully for all concerned the dust will settle soon. Actually, the police would handle the situation very well - they are usually expert at settling outraged neighbours and are skilled mediators. After a visit from the boys 'n' girls in blue, honour may well be satisfied and peace restored once more.

Good luck

Kristine

 

[Lissy]

Reply: 3.1
From: Felicity W.


Thanks Kristine, this is similar to what has happened, the property manager has contacted the tenant and the Body Corporate managers (they are SUPPOSED to be professional) and certainly they are trying to determine what happened. My Property Manager doesn't seem to think that we need to lose an otherwise excellent tenant over this. But I will follow up on your suggestion about writing to the Body Corporate as well.
I agree that the police are excellent in these sorts of situations - but they should have been contacted at the time of the incident, not 5 days later as an after thought.
Keep smiling
Felicity