If a tenant continues to ignore NSW noise laws and Body Corporate By-laws, who is then responsible? - the unit owner or the real estate agent?

[philip_rhoades]

People,

I think there is not much more to add to the Subject except that it is not possible for another resident to take local court action unless the full name of the offensive person is known - which in this case it is not - and the real-estate agent refuses to supply the name due to privacy considerations.

Thanks,
Phil.

 

[Rod]

Ask your local council, and state that you are making an Access Application under the Government Information (Public Access) Act 2009.

You may need to go into the council with proof of ID so they can see you are a neighbour, and you may have to provide a reason (eg noise nuisance).

The body corporate will also have the owner's details.

You also have rights against the tenant.

 

[philip_rhoades]

That Access Application and Act seems to be for retrieving government information? I don't understand how that helps me determine if the Real Estate Agent or the Owner of the unit is responsible if I can't take action against the tenant . .

 

[Rod]

Local Council is Government.

And you can take action against the tenant as well.

 

[philip_rhoades]

> Local Council is Government.

I know that - exactly what government information is to be retrieved that will tell me whether the owner or the real estate agent is responsible if action can't be taken against the tenant? To be precise, my original question was:

"If a tenant continues to ignore NSW noise laws and Body Corporate By-laws, who is then responsible? - the unit owner or the real estate agent?". So, again, is the owner responsible? - is the real-estate agent responsible? - are neither responsible?

> And you can take action against the tenant as well.

Like I said in the OP, action against the tenant CAN'T be taken unless the last name is known - are you saying that some government information can be retrieved that will supply that?

 

[Rod]

Primary person is the person causing the nuisance.

The owner can brought in as they have the power to control the tenant (eg evict tenant). Once you have the owner and started action you can subpoena the tenancy agreement.

If you do not know the owner's name you have multiple avenues to get it - Council, owner's corporation, agent.

Of course many people simply look in the mailbox but I can't recommended you do that.

Sometimes a strongly worded letter to the agent helps get the attention of the owner who may than contact you.