As a landlord, sometimes you have to deal with problem tenants. Sometimes they don’t pay their rent, other times they damage the property. What rights do you have as a landlord? What can you do with tenants who breach the rules?
If your investment property is part of an owners corporation and your tenant’s neighbours are constantly complaining about them, you have the right to take action or perhaps act as a mediator to help everyone involved come to an agreement.
Three-step process for complaints
The Owners Corporations Act 2006 sets out a process to help owners corporations deal with grievances.
This process has three steps:
- internal dispute resolution
- conciliation through Consumer Affairs Victoria
- applications to the Victorian Civil and Administrative Tribunal (VCAT).
Where at all possible you want to stick to step one and try to resolve the matter internally by communicating with your tenant directly. Try visiting them in person and explaining what the issue is and why. If that doesn’t work you can contact your owner’s corporation in writing.
If the owner’s corporation decide to take action, they must give notice to the person who is alleged to have committed the breach and if they decide to not take action they must give you their reasons in writing.
If you don’t hear from them or their response is unsatisfactory you may take the matter further by following Steps 2 and 3.
The same process can also be used if your tenant is having problems with their neighbours breaching rules. Try talking with them to see if you can come to a mutual agreement and if not, you can take the matter further. You want to keep your tenants happy so if they are unable to resolve the issue by themselves, it is up to you as their landlord to help them out.
For more information on handling complaints, or to download the necessary forms visit Consumer Affairs Victoria.