Christies Beach 
Moving into a new property can be exciting, but it can sometimes be spoilt by a bad neighbour. How do we deal with this?
If the neighbouring property is owner-occupied, then it can be tricky. It depends how approachable the neighbour is. If you could discuss the matter together, that would be the best option, as they may not realise their behaviour is annoying other neighbours. If they are not approachable, then certainly don’t put yourself in harm’s way. Call the police to deal with the situation. But ultimately, if your bad neighbour is an owner occupier, there isn’t a lot you can do except move yourself or get a restraining order against the neighbour, however you would need to seek your own advice on this process.
If you are renting, then you can contact your property manager, and your property manager will contact the neighbour on your behalf. If the bad neighbour is a tenant as well, then contact their property manager. They will contact the tenant on the first instance and try to resolve the matter. If the problem continues, the property manager will issue the bad neighbour with a Form-2 for breaching the tenants right to quiet enjoyment of the premises during the term of the tenancy. If the bad behaviour continues at the expiration of the Form-2, then the agent will request a SACAT hearing to evict the tenant.
Having said all this, the Tribunal Member will only listen to evidence from the person who actually saw or heard the actions of the bad neighbour. They will not listen to hearsay. We require all the interested parties to the application to either attend the hearing or provided a signed statement. Interested parties (everyone effected by the behaviour of the bad neighbour) should keep a journal of all events outlining the time, the date, what was said and what both parties did. The more detail the better. Recordings can also be used as a back-up to your evidence. Evicting someone from their rented property is a major event, so the Tribunal Member needs to be certain that it is not just a vindictive attack by the applicant. This is why the applicant must help themselves by keeping good records.
If the Tribunal Member is satisfied that the applicant has a case, then they may order the bad neighbour to vacate the property.
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Bad neighbours
22/07/2020
Article posted by Professionals Christies Beach
