All Topics / Help Needed! / Problem between tenant & neighbour within same strata.. not sure what to do

Viewing 9 posts - 1 through 9 (of 9 total)
  • Profile photo of AzaliaAzalia
    Participant
    @azalia
    Join Date: 2008
    Post Count: 56

    We have been approached by our new tenants with a concern about their neighbour in the group of Villas. Apparently the neighbour has made unprovoked racist comments to our tenants, and appeared intimidating to the point that it has frightened our Tenants young child. Our tenants are not Australian, are both qualified professionals on a special government program so they can return home and teach at University in their country. They are two months in to their 1 year lease.

    Our tenants feel threatened and have asked us to speak to the Strata. I can do this, however I am not sure the Strata can do anything about it. My first thought is that there is nothing we can do as their landlord and they should approach the Police..? But I thought it might be a question worth raising here to see if anyone has had similar problems and how did they manage it?

    We are not sure if the neighbour is an owner or a tenant (not that it probably matters). We have had this property for 6 years with many different nationalities renting over the years and have not been aware of this behaviour occurring from the neighbouring villa before.

    Welcoming any ideas and suggestions.

    Profile photo of thecrestthecrest
    Participant
    @thecrest
    Join Date: 2004
    Post Count: 992

    Not much info to go on but here’s my 2c worth anyway. Newcomers need support groups. Suggest they bake 6 cakes and take them to all neighbours to introduce themselves, including the problem one. That would either confirm their next step or help fix the problem, but either way they would be introduced to the neighbours and likely to have some support.
    If the peace offering doesn’t work and racist treatment is repeated then the Police would be your best suggestion.
    Cheers
    thecrest

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    Profile photo of Jacqui MiddletonJacqui Middleton
    Participant
    @jacm
    Join Date: 2009
    Post Count: 2,539

    I don’t think there is a law against making such comments. It might help your pondering to relay the precise comments in your mind, and remembering the nationality of your tenants, to try and understand why the neighbour feels this way, and address it accordingly.

    While Wikipedia can be edited it gives a bit of a guide. Sounds like if it is verbal you cannot do much. Only if it is written, pictorial or published. Depends on which state it occurs in though. It differs quite a bit between states.

    http://en.wikipedia.org/wiki/Hate_speech_laws_in_Australia

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    Profile photo of RosieHPRosieHP
    Participant
    @rosannahighlandsproperty
    Join Date: 2015
    Post Count: 2

    In NSW its a breach of the tenancy agreement to “cause nuisance” to the neighbours (I would imagine similar laws apply interstate). If it progresses into a complaint to the police it would be worth pursuing it with strata in case it is a tenant and a warning can be issued from their agent. Without a formal police report and complaint (if they accept it) it wouldn’t be fair to be issuing such warnings as it is really just they said she said.

    RosieHP | Highlands Property Wollondilly
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    Profile photo of Sparkes100Sparkes100
    Participant
    @sparkes100
    Join Date: 2014
    Post Count: 5

    I agree Rosie but it would be up to the landlord of the offending tenant (assuming they are renting) to make the moves to stop the behavior and to being the eviction proceedings. If the tenant is paying the rent and keeping the place in order they may not wish to pursue it.

    The tenants of Azalia’s might be better speaking to the police and obtaining some form of restraining order as you mentioned they are feeling threatened which would give them footing in legal proceedings to have the offenders removed if they continued in the future. At the least, reporting to the police of any threatening behavior would also help to build any case against the offenders or might have the police knocking on their door which may be enough give them warning. Definitely a difficult situation.

    • This reply was modified 9 years, 7 months ago by Profile photo of Sparkes100 Sparkes100.
    Profile photo of anthonyqanthonyq
    Participant
    @alpha22
    Join Date: 2011
    Post Count: 27

    Hi Azalia,

    Your owners corporation must have procedures to help its members and people living in the property deal with grievances without resorting to legal action.

    http://www.consumer.vic.gov.au/housing-and-accommodation/owners-corporations/rules-and-resolving-disputes/complaint-handling

    Just give the owners corp a buzz, and if it happens multiple times, they can issue them a breach notice. I know our building has a 3 complaint policy before issuing a breach.

    Profile photo of AzaliaAzalia
    Participant
    @azalia
    Join Date: 2008
    Post Count: 56

    Thank you to everyone who replied, there are some very helpful insights and links.

    I approached the Strata Manager who has had a word with the owner of the neighbouring villa (a relative of the tenant). For the moment things appear to have blown over but if it occurs again I will pursue the owners corp and/or other avenues.

    Over the years this bunch of Villas has had a really good culture of being good neighbours to one another. Hopefully peace is restored.

    Profile photo of AzaliaAzalia
    Participant
    @azalia
    Join Date: 2008
    Post Count: 56

    I wanted to follow up on this tread. The strata manager had a work to the owner of the neighbouring property, who in turn had a chat to their tenant. The tenant approached ours and apologised. Both tenants put the awful experience behind them and now have amicable attitudes. Wanted to thank you all again for your help.

    Profile photo of D.T.D.T.
    Participant
    @dtraeger
    Join Date: 2014
    Post Count: 128

    Thats a great outcome, well done.

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