WA Bad Neighbour - Can't Keep Tenants in our Rental

[James D]

For the last 4 years, we have had a bad neighbour living on our strata which consists of 4 freestanding townhouses on one block. The bad neighbour's father is the home owner but lives overseas and has let her and her husband live in the house.

First up as they are not homeowners are they still classed as tenants even if they are family and do not pay rent?

My Partner and I installed security cameras but left the after our first born as we didn't feel safe and it was stressing us out with her constant behaviour.

We turned it into a property investment and moved in tenants which after a few months in the home also expressed their dislike off the neighbour and moved on.

We have just put in new tenants this week and today received a phone call from them that the neighbour had sent a complaint to the strata body. She felt intimidated and was going to take out a VRO or other action against them. She also said if the issue with the nuisance neighbour don't stop she will have to leave.

We can't keep tenants she is driving them away.

she has been hospitalised and diagnosed with depression and has told my tenants she is schizophrenic in an effort to move them on.

This person has:

1. wrote hundreds or complaint letters to the strata about every little problem true and false
2. mentioned me and my partners names on Facebook and address where our tenants live
3. dropped letters in mailboxes in our suburb claiming it's a drug house and owned by bikies
4. blocked off access to our unit
5. rants and abusive behaviour towards tenants and others

We have installed cameras and rang the police but they said that its a civil matter and they can't help only give me advise that's why I have landed here.

Is there action I can take against her or their landlord or as a strata title united remove her from the premises as we have backing from all the other unit owners?

If the landlord continues not act what are my options?

 

[James D]

Plus if you have any useful links on the issue could you please pass them on.
I have to stop this before things get even more out of hand

 

[Rod]

You need legal advice and assistance from a lawyer. Your complaint is complex and involves a significant investment that you own.

Bad situation to be in

Your options are:

Mediation - see if the situation can be resolved peacefully - unlikely to be successful if the neighbour has a mental condition. Advantages cheap and quick.
Sell house - Expensive to rebuy/refinance, but quick
Do nothing - sounds like you are past this option
Retain house and take legal action - Will cost and take time.

There are number of possible courses of action against the neighbour but a lawyer needs to sit down with you and go through all your evidence to work out in detail what they are.

If you intend to stay and fight, then one of the first things to do is write a letter to the owner and tell him there is a problem and may be held responsible for allowing the problem to continue etc, and another different letter to neighbour saying they are to stop and desist 1. ... 2.... 3...

Good luck.