Breaking a fixed term tenancy
 

Hello all - Does anyone know the process or ability for a tenant to break a fixed term tenancy agreement in the event of excessive noise/disruption caused by neighbours in an adjoining unit? We have reported the issues to the buildings manager in our complex, and whilst they acknowledge there is a problem, it hasn't solved the issue of noise/partying on the balcony until 3-4am a number of times each week.

Are there situations whereby we can look to break our lease based on this type of situation or would we still be liable for the rent until such time as new tenants are found?

Advices appreciated ! Cheers.

Re: Breaking a fixed term tenancy
 

Have you put your complaints in writing to the property manager and to the strata management company, if applicable? Also contact the local council and ask about the rules on noise, and put in a complaint in writing to them. Some councils will come out and do decibel readings; some councils have rangers and/or security patrols and you can call them out and they will come and talk to your neighbours. They also keep logs of complaints.

Re: Breaking a fixed term tenancy
 

How about ringing their door bell at 7 am (or what ever early hour you leave for work) and wish them a good morning? We had the same problem at the time, but fortunately no fixed rental period. Good luck!!

Re: Breaking a fixed term tenancy
 

Is the building management company the same as your landlord/letting agent? If not have you complained to them as well?

Re: Breaking a fixed term tenancy
 

Yeh, we rent via the buildings manager of our complex - they are aware of the issues but those causing the problems rent via a different agent which seems to be making things more difficult.

Just interested if there are any loopholes that allow a break lease in such circumstances when your enjoyment of living in a particular place is being undemined by other residents....

Re: Breaking a fixed term tenancy
 

Not sure what state you are in, but usually there is in the tenancy agreement that you are entitled to quiet enjoyment of the property, or something similar. How this goes with your right to break lease without incurring any costs im not 100% sure.

Re: Breaking a fixed term tenancy
 

try the Tenants NSW website , if you are in NSW, and see what advice it has on there. If I remember correctly it does give you the steps to take when breaking a lease, making complaints etc etc.

Re: Breaking a fixed term tenancy
 

have you and other residents complained to their agent then? May be wortn submitting complaints to their landlord - i know if our uk tenants neighbours complained about noise such like i would be the first one onto our tenants kicking ass, or i would expect our management company to do so. And i have complained to management companies, again in the uk, about their tenants parties/noise and they have taken action.

Re: Breaking a fixed term tenancy
 

Good point, but not 100% sure how we go about finding out who their landlords are. I will ask our buildings manager but wonder if they will divulge this sort of info..?? We have property back home and Agree with your comments

I will certainly ask the question and let you know how we go!

As an aside we are in Qld to answer some of the previous questions!

Cheers

Re: Breaking a fixed term tenancy
 

Am not certain about the Queensland position, but the issue you describe is not really an issue for your landlord, unless they are also the landlord of your neighbours causing the problem. Is the building only rented, or are there owners as well?
If it was your landlord causing the nuisance, you have a case, but I don't think you will be able to break the lease because someone else is causing a noise, as anti social and annoying as it must be.
Basically, is it the landlords fault, and are they able to put it right? If the answer is no, then your ability to break the lease on these grounds will not be high.
Sorry..

Re: Breaking a fixed term tenancy
 

Yes, it is the landlord's responsibility to have good tenants in there who will not interfere with other tenants or owners. This responsbility might be delegated to a property manager, but it will be the owner who will get an earful if a tenant is causing a problem.

Here in WA, if a grouped development is more than a certain number of dwellings (sorry, can't remember the number), then that group of dwellings has to have a strata manager. They can be told that a tenant is causing a problem, they will have the owner's contact details and might well have the property managers' details as well.

There's still the local council to try as well. Also, the tenants causing the problem might be state housing tenants, so you can complain to that body as well. You don't have to just put up with it. The property manager for your unit earns commission from the rent you pay, and the owner won't be happy to have a lease broken, so you have some leverage.