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