Tenants and Parties

Tenants are allowed to have parties, gatherings, dinner parties, cocktails in fact any kind of social gathering they like.

There is no prohibition as such. Landlords cannot prevent tenants from having parties.

Having said that the offensive nature of an out of control party is the noise and the negative impact that all of the noise and other events at the party have on adjoining neighbours in the neighbourhood, tenants in the building and other people living nearby.

In this month’s snippet, our tenancy expert Scotney Williams of Tenancy Practice Services explains the correct protocol in handling complaints of this type:

The section of the Act where a tenant contravenes relates to the neighbours peace, privacy and comfort.

Section 40 (2) C.

The tenant shall not cause or permit any interference with the reasonable peace, comfort or privacy of any other person residing in the neighbourhood.

Other behaviour tenants might commit that come within the scope of section 40 (2) C are criminal behaviour and wilful damage.

Your property manager will investigate, gather the facts and any forms of evidence including a copy of the noise control officers report and police report if they attended.

Your tenant will then be served with a notice of breach not a 14 day notice, as this type of breach is irremediable one that cannot be remedied ie you cannot undo the noise and events of an out of control party.

If the findings or reoccurrences of events of this nature are serious enough your property manager can apply to the Tenancy Tribunal for a tenancy termination.

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