NSW Lease - What to Do About Noisy Tenants?

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Harry P

Active Member
22 January 2017
12
0
31
Hi there

I am a landlord in Sydney and my Strata has sent me an email about my tenants creating noise and parties (see below) They claim there have been complaints and they are stating there has been a breach. Am I entitled to know the details of the complaints. What action am I legally entitled to take against the tenants?

Many Thanks


We write to you as the managing agent for xxxxx on behalf of the Strata
Committee in relation to the conduct of the current occupants of the above lot.

The Strata Committee are in receipt of complaints with regard to regular and
excessive noise from parties being held in the above mentioned apartment which
appear to correlate with the commencement of the new lease in late February 2017.

The Strata Committee consider this behaviour to constitute a breach of by law 15
registered with the Community Management Statement which states:

By-law 15. Behaviour of Owners, Occupiers and Permitted Persons

Noise and Anti-Social Behaviour
15.1 An Owner or Occupier must not create any noise and anti-social behaviour on
a Lot, Community Property or Subsidiary Body Property which might interfere
with the peaceful enjoyment of another Owner or Occupier or Permitted
Person.

15.2 An Owner or Occupier must not:

(a) Obstruct lawful use of Community Property or Subsidiary Body Property;
or
(b) Use language or behave in a manner likely to cause offence or
embarrassment to an owner or occupier of another Lot or Permitted
Person.

Permitted Persons
15.4 An Owner or Occupier must ensure that a Permitted Person does not behave in
a manner likely to interfere with the peaceful enjoyment of another Owner or
Occupier or any other Permitted Person.
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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514
2,894
Gold Coast, Queensland
lawtap.com
Tell the body corporate that you have no evidence of these incidents, and that you will need them when you discuss it with your tenants. Provided they can provide some details, and assuming that you've made sure your tenants comply with the by-laws as part of their tenancy, take the allegations to tenants as a potential breach of the terms of their lease.
 

Harry P

Active Member
22 January 2017
12
0
31
Tell the body corporate that you have no evidence of these incidents, and that you will need them when you discuss it with your tenants. Provided they can provide some details, and assuming that you've made sure your tenants comply with the by-laws as part of their tenancy, take the allegations to tenants as a potential breach of the terms of their lease.
Thanks Rob that makes sense :)