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A property manager receives a complaint from neighbors about excessive noise from a rental property during a tenant's party at 2 AM on a Saturday night. The lease contains a clause prohibiting activities that disturb neighbors. What is the most legally sound approach under residential tenancy legislation?

Correct Answer

D) Record the complaint, raise it with the tenant, and issue a breach notice if it continues.

A single noise complaint, while serious, typically doesn't constitute grounds for immediate termination under residential tenancy law. The appropriate approach is to document the incident and monitor for patterns of behavior, issuing a breach notice if the conduct continues, as tribunals require evidence of ongoing or serious breaches for termination orders.

Answer Options
A
Serve a termination notice straight away, because the lease prohibits disturbing neighbours.
B
Apply urgently to the tribunal to end the tenancy without first contacting the tenant.
C
Tell the neighbours to call police, then give notice of termination on their report.
D
Record the complaint, raise it with the tenant, and issue a breach notice if it continues.

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Related Topics & Key Terms

Key Terms:

breach noticeprocedural fairnessgraduated responsedocumentationtribunal evidence
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