# Tenant making deliberate Noise



## pascal12 (5 Dec 2010)

Have a tenant in a flat for nearly 2 year just recently found out that he has been causing a disturbance early hours of the morning and only since a change in the flat below I have become aware of the extent of this deliberate disturbance, the house has 5 flats he is on middle floor his target is the flat below, his action to move furniture around 3am


There was a problem with previous tenants a quiet working couple from Poland they had complained to him but not to me so thought this was a clash of personalities although since there door lock was glue one night I have being on the alert I further discovered they had to sleep in the sitting room because of the noise above. 



Moving on new tenants (friends of a friend, working and quiet couple) report 1 week after moving in loud banging 3.30am similar to previous tenants so I call the guy he admitted moving because he was fed up with everyone making general noise he gave a commitment to stop but now he is complaining someone is tapping the ceiling below he has made similar complaints in the past with the other tenants, but as i know the people below him and haven spoken to them this complaint seems fake and has made no attempt to give specifics when asked.
  He is respectable pays bills rent etc on rent allowance possibly on meds he keeps to him self and is registered with PRTB as is my obligation.

  [FONT=&quot]Anybody have come across this situation before?

On a side note I reside abroad [/FONT]


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## Mommah (5 Dec 2010)

Yes it didn't stop and I evicted him on anti-social behaviour clause.
Like you I didn't take intital complaints seriously as the neighbour was a bit of a moaner even when we lived there ourselves.

The tenant was an alcoholic and had been fired from his job during this period.
He left quietly though.


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## shesells (5 Dec 2010)

As a landlord you could be responsible for your tenant's behaviour - there's a clause in our leases that states that should we rent out our unit we are responsible for ensuring that the tenant complies with the development rules and terms of our lease.

Did you put a clause in your rental agreement about not disturbing others in the block?


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## pascal12 (6 Dec 2010)

Mommah said:


> Yes it didn't stop and I evicted him on anti-social behaviour clause.
> Like you I didn't take intital complaints seriously as the neighbour was a bit of a moaner even when we lived there ourselves.
> 
> The tenant was an alcoholic and had been fired from his job during this period.
> He left quietly though.



Thanks for your feedback hate throw someone out with it been so cold and close to christmas but as I have great tenants i must put them first.


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## Bronte (6 Dec 2010)

pascal12 said:


> Thanks for your feedback hate throw someone out with it been so cold and close to christmas but as I have great tenants i must put them first.


 
You can't just throw someone out.  You have to do it correctly.  Look at the PRTB website.  Otherwise you could end up with a hefty fine.  

Any possibility of moving him to the ground floor apartment as a solution.


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## delgirl (6 Dec 2010)

pascal12 said:


> lol what planet are u on protect the abuser **** the victims other tenants
> 
> I approached the PRTB they said it will take up to six months to resolve issues


Unfortunately, Bronte is on the same planet as the rest of us - you have to do things by the book otherwise you will be fined a substantial amount of money.

When I went to my local police and asked them what would happen if I went in while my tenants were out at work, changed the locks and put their stuff outside because the hadn't paid the rent for 6 months and I was in danger of losing my house as I couldn't pay the mortgage, they told me that they would arrest me for breaking and entering!

You can't win.


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## Bessa (6 Dec 2010)

I had this problem in a small block, the trouble maker was not my tenant, but he managed to run two different sets of tenants from two apartments that i own. It went on for a while before i knew what was going on, l reported him to the Man. Co. who watched him and then told him if it did not suit him to live with other people in the block , that he should leave. He left after that when he was found out. It sounds like your guy might want the place to himself also.


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## Mommah (6 Dec 2010)

Pascal

What I did was completely in compliance with the PRTB guidelines.
I didn't need to involve them directly at all.

I met with the tenant and gave him a verbal warning and handed him a letter to that effect also.

I met with the complainant and asked her to email me her complaint and keep a record of the behaviour.

The behaviour continued and I gave the tenant a final written warning and refered to his lease.

It continued and I issued a notice of eviction within 7 days ....allowable in the PRTB guidelines for anti-social behaviour.

The guy moved back in with his parents.


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## pascal12 (7 Dec 2010)

Mommah said:


> Pascal
> 
> What I did was completely in compliance with the PRTB guidelines.
> I didn't need to involve them directly at all.
> ...



 I gave him a warning on the noise eventually by his own admission over the phone 

I warned other tenants if he makes any approaches they are to revert to me.
  It has also being noted he leaves the radio on a little bit loud when he goes out 
  While he is not an intimidating stature and seems very nervous when engaged in conversation. 
  I stopped drawing up leases because PRTB overrides these after the six months probation, been so lucky to get great tenants apart from this one. 
  If he has the ability to glue locks it going to be difficult to prove that, my main concern for the tenant who stay there.
  I am hoping he realises he has been found out and warned he will move on
  [FONT=&quot]
*Thanks for the advise Mommah are you sure he moved back to his parents and not to me lol*[/FONT]


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## Bronte (7 Dec 2010)

pascal12 said:


> lol what planet are u on protect the abuser **** the victims other tenants
> 
> I approached the PRTB they said it will take up to six months to resolve issues
> 
> Angry


 
Just on the planet of experienced landlord that's giving you free advice. Where did I say protect the abuser? Your choice of language is choice as was your initial suggestion to just throw out the tenant.

To bring you down to this planet. Mommah was lucky that the tenant left so easily. Maybe that's because Mommah handled the situation correctly.  

Do you have it in writing from the PRTB that it will only take you 6 months to get the tenant out.  They would never write such a thing.


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