Is a Notice of Breach a Permanent Mark on Rental History?

Narull on 04/03/2023 - 17:23
Last edited 04/03/2023 - 17:46

Yesterday I received a Notice of Breach which said:

For a noise complaint we have received.

-Loud gaming / music playing throughout the night

This breach must be rectified within the notice period (7 days). Failure to do so will result in the issuing of a Notice to Leave.

Now fair enough, 3 times this last week I've stayed up till 4am'ish gaming without headphones, I take responsibility for it (I'm enjoying Atomic Heart okay).

Clearly this annoyed the people in unit A (I'm B in a duplex), I do wish they had come to talk to me or something before going straight to real estate (hell make a noise complaint with the police, get them to visit me) but it is what it is, easy fix but I now have a notice of breach on my file after living here for 11 years without a problem and renting for 25 years without every getting any notices for anything.

So does a Notice of Breach stay on the tenancy database for future attempts at finding a place if I move? The real estate said it's noted on their file but didn't say if it's just their file or the tenancy database.

Anyone know? I have no plans on moving from here anytime soon and I do find it a bit silly to get a breach for this but I can accept I screwed up and wasn't thinking of my neighbors, I'm just worried if it will effect me in the future one day?

Thanks

Home & Garden

Comments

  • trustnoone on 04/03/2023 - 17:44
    +2

    I think you're thinking of the tenancy database? Depends on state I'd guess but for NSW:

    If you are listed on a tenancy database
    Being listed can make it harder for you to secure a rental property. Find out what the rules are, and how you can dispute a listing.

    Tenants can be listed on a database for 3 years if:

    • they've left the property and owe money for a breach of the lease that is more than the rental bond, or
    • the NSW Civil and Administrative Tribunal has made an order terminating the lease because of something the tenant has done wrong.

    You’ll be notified in advance if you’re going to be listed on a tenancy database and will have a chance to dispute the listing if you don't agree with it.

    https://www.nsw.gov.au/housing-and-construction/renting-a-pl…

    • Narull on 04/03/2023 - 17:44

      Yeah that's it, my bad couldn't think of it's name. I'm in Queensland (Will update OP).

      • trustnoone on 04/03/2023 - 17:52
        +2

        Probably worth checking out here:

        Tenancy databases
        Tenancy databases are registers run by privately owned companies that record information about tenants who have had their tenancy agreements ended for specific reasons.

        What can a tenant be listed for?

        • Amount owing
        • Objectionable behaviour - A tenant can be listed for objectionable behaviour where QCAT has terminated the tenancy agreement for that reason.
        • Repeated breaches - A tenant can be listed for repeated breaches where the Tribunal has terminated the tenancy agreement for that reason.
        • Domestic and family violence

        https://www.rta.qld.gov.au/forms-resources/factsheets/tenanc…

        Not legal advice, but IMO it sounds like unless its sanctioned bad behaviour that has reached QCAT or a Tribunal (I'd assume it would have to be pretty bad to reach this far) then likely no. The agent may record it internally, but I think most tenancy database additions need QCAT/Tribunal which means you're doing something more full on. Also FWIW if an agent placed a tenant on a database everytime they had a noise complaint, they wouldn't have anyone to rent to.

        • Narull on 04/03/2023 - 18:00

          Thanks for looking it up for me mate, you're probably right about the last bit too, noise complaints can't be too high on the list of problems REA's get (I'd hope).

          I'm probably just being paranoid because getting something that says "Failure to do so will result in the issuing of a Notice to Leave." in the current rental crisis has me scared, even more so after renting for so long and never having any issues at all.

          Thanks again mate.

          • GrueHunter on 04/03/2023 - 18:39
            +3

            @Narull: No database needed.

            Please provide details of most recent landlord / agent. Hello? Yes, we're calling about Narull. Loud noise, you say? Thanks, we'll move on to the next person on the list, because it's a landlords' market and we can afford to accept only perfect tenants.

            • Sinnerator on 05/03/2023 - 08:20

              @GrueHunter: Applicant then lists his mate as previous landlord.

            • Narull on 05/03/2023 - 13:47

              @GrueHunter: Well guess I'm screwed then, 24 years of perfect rental history down the drain because of one complaint by that logic. Guess I'll just keep trying to stay here as the real estate agent I spoke too today to apologise said it's no big deal.

  • thatonethere on 04/03/2023 - 17:49
    +3

    You could write back and deny it. But you sound like you are going thru a bad patch. It wont appear on your rental database history as you didnt get turfed. However the REA will probs remember it.

    Either go to bed or buy comfy gaming headphones.

    • Narull on 04/03/2023 - 17:56

      No point in denying it, I admit it's my mistake and it's an easy fix to just not play loud games late at night (kinda lost track of time). Good headphones are on my list of luxury items ASAP just got a lot of medical crap beforehand (good headphones are bloody expensive it seems).

      I did some sound tests yesterday during the day while they where at work and found even closing my bedroom door reduced the sound 10dB (bedroom is closest to A, PC is furthest) so I'll be doing little things like that and just being more aware.

      No one to blame but myself for enjoying something and staying up too late. I did call the real estate and they said what I've done is fine and just that I'm more aware (and also suggested a good set of headphones lol), I was just worried that getting the official notice of breach would stay on the rental database and screw me in the future.

      • AustriaBargain on 04/03/2023 - 18:33
        +1

        You don't need to not stay up late, just game more quietly. Are you screaming at the TV or something?

        • Narull on 04/03/2023 - 18:34

          Nar just had the volume up too loud in a single player shooter.

          • AustriaBargain on 04/03/2023 - 18:53
            +2

            @Narull: Consider open air headphones, the quality is better for the price and even though sound leaks out it won't leak out enough the neighbours can hear it even at full volume.

            • Narull on 04/03/2023 - 20:00

              @AustriaBargain: Thanks, didn't know that was a thing, everything seems to advertise 'noise canceling' but I don't care about that haha, not sure if buying a cheap set in the mean time is better or just turning down the speakers late at night but shall see what I can find.

      • freefall101 on 04/03/2023 - 18:45
        +2

        Just buy a crap pair of headphones in the meantime. Nothing wrong with a secondhand/seconds pair to avoid being thrown out of home.

        • Narull on 04/03/2023 - 19:59

          Shall have a look around, I plan on turning down the sound if I endup playing late, I'm by no means saying I'm not in the wrong, just that I didn't have a paid of headphones but have good speakers and honestly just lost track of the time while enjoying a game.

          It's 100% on me, good headphones are bloody expensive (been looking), not sure if buying a cheap pair in the meantime or just turning down my speakers would be better until one day I can save up for a good set.

  • Axelstrife on 04/03/2023 - 18:34
    +3

    Buy yourself some headphones asap, idk how you could even stand to play games without them. If you cant afford headphones then go for some decent cheap earphones like Moondrop Quarks $18 on Amazon

    • Narull on 04/03/2023 - 20:05

      It's bloody hot haha, that's legit the only reason I never bothered with them. Normally I'm not up till 4am gaming either, it was simply I was into the game and lost track of time. Not an excuse still 100% my fault but yeah the heat were I live in Queensland is only reason I've never bothered with headphones but shall be fixing that as soon as I can afford too, I'd rather be hot then annoy my neighbors.

      • Axelstrife on 04/03/2023 - 21:31
        +1

        Get the earphones i mentioned, they are in ear so there's no issue with heat and they sound pretty decent too.
        I live in Penrith area in Sydney with a high end gaming PC with a rtx 4090 (rtx 3090 before) summer has always been the absolute worst for gaming, with my PC and summer turning my room into a literal oven.

        Or get an aircon haha

        • Narull on 04/03/2023 - 21:44

          Shall look them up, thanks again mate.

  • Drakesy on 04/03/2023 - 19:30
    +9

    Be a good tenant and don't piss off your neighbours with loud noise in the early hours…

    • Narull on 04/03/2023 - 19:56

      That's the plan, I did it by mistake, it's easy to lose track of time.

      My only question here was if the breach is recorded in the tenancy database, not once did I say I wasn't in the wrong.

  • brendanm on 04/03/2023 - 20:00
    +4

    I do wish they had come to talk to me

    They probably wish you weren't playing video games after midnight at 130db

    • Narull on 04/03/2023 - 20:03
      +1

      Yep and I don't blame them for being annoyed, as I said several times it's 100% on me losing track of time while enjoying something. If I'd known it was annoying them I would have been more conscious of it is all I meant by the comment of I wish they had come and said "aye too loud at night mate".

      I've lived here for 11 years without issue, I (profanity) up afew times, my mistake and I'm not denying that. My worry was if it's something recorded forever because I made a mistake for afew days.

      • brendanm on 04/03/2023 - 20:05
        +1

        while enjoying something

        They sure weren't enjoying sleep. Headphones can be had for $10 at Kmart, even if you don't want to get them, you can still play the game at a normal noise level and annoy the hell out of everyone else.

        It won't be recorded that I know of, but if you want to use your current rental agency as a referral, I'm sure they will mention it.

        • Narull on 04/03/2023 - 20:12
          +2

          Again, I agree and it's 100% on me, I intend on getting a headset as soon as I can afford some (I have a whole 43cents in my bank atm). I never got them before because it's hot were I live in Queensland and I've lived here for 10 years and never had an issue with anyone complaining about my sound so it never even crossed my mind.

          I (profanity) up. I intend to fix it, I'd rather be hot then annoy my neighbors.

          I get you're pissed on behalf of my neighbors but again it is MY fault, I know and agree. I'd go say sorry if I could (already did to the real estate) but I fear that would feel like I'm harassing them and I don't want to make things worse.

          Again, it is MY fault, I'm to blame, I intend to fix it by turning down my sound (normally I play at 80dB at my PC) late at night until I can get a headset.

          It's my fault! I'm not being sarcastic I'm trying to show you're right I know I'm in the wrong.

          • brendanm on 04/03/2023 - 20:14
            +5

            @Narull: Ok, it's just you say "it's my fault", then list a number of excuses as to why it's not your fault. I'm in Qld, I manage to wear headphones without my ears falling off due to heat.

            If I were your neighbours, and you came and said "sorry, I lost track of time, won't happen again" I'd be quite happy with that personally. Everyone makes mistakes.

            • Narull on 04/03/2023 - 20:23

              @brendanm: What excuse did I make (again not being sarcastic, honestly wondering how I worded it to sound like that), clearly I'm bad at writing too so I'm using this as a learning experience, is it that I said I haven't had an issue living here for 10 years I didn't mean that as an excuse I meant it as "noise has never even crossed my mind as an issue" and the comment about notifying the police I thought would be easier/get an instant (within afew hours) response compared to notifying the real estate. Did they come off as excuses? That's just what I would have done so I thought it was normal. Again sorry.

              I tried to go an apologies to them yesterday after receiving the notice, they were home as could hear their TV when I knocked on the door, but they turned it off and wouldn't answer the door, so I assume they may think I'm looking for conflict.

              They have lived here for coming upto a year and I've only ever seen them once, so I assume they are introverted people so can understand not wanting to risk me coming off as an angry jerk, I did however leave a letter in their mailbox saying I'm sorry for the noise, I'll be keeping it down and if they hear me again feel free to let me know and I gave them my email if they would prefer to email saying I'm being too loud (didn't want to give out phone number).

              • brendanm on 04/03/2023 - 20:59

                @Narull:

                • I'm enjoying atomic heart ok
                • It's too hot
                • I don't have headphones
                • Lost track of time

                If they don't want to talk, just don't worry about it. Shit happens, don't have your game cranked to 11 from now on, you live in a close community, it will be forgotten in no time.

                • Narull on 04/03/2023 - 21:36
                  +1

                  @brendanm: Thank you, I didn't write those meaning for them to be excuses but it's good to know for the future they can be seen as them.

                  This is an honest thank you, it's good to know when I write something that can be interpreted differently than I intended.

    • onetwothreefour on 04/03/2023 - 20:05
      +2

      Or even before midnight.

      • brendanm on 04/03/2023 - 20:06
        +2

        Very true, especially if you live in a townhouse.

      • Narull on 04/03/2023 - 20:14

        Again I know it's my fault, I admit it's my fault, I intend on turning down my sound till I can get a headset, I'm confused were this "I'm not to blame" reference came from in my post, I thought I was clear that I admit it's my fault. I'm sorry for whatever I wrote that made it sound like it's not my fault.

  • Thatbargainhunter on 04/03/2023 - 21:00
    +3

    Regardless. Neighbours who complain to real estates and don't just approach you and ask you nicely not to do it again are turds.

    99% of people would not realise the effect they had on the neighbour and mean no harm and if they were told would go out of their way to ensure it doesn't happen.

    Some people just have zero skills on how to interact with neighbours in a positive manner.

    My old neighbour complained about my dogs barking. She left her husband and he remains there now and he is a legend. Good riddance to her, that she is accessing him of screaming and verbal abusive was and I have provided a statement that this is not true and I have never heard any noise from him coming from their house - only from her

    Karma is a bitch.im happy to provide the truth to his lawyers.

    • brendanm on 04/03/2023 - 21:03

      Some people just have zero skills on how to interact with neighbours in a positive manner.

      Lol

  • Hardlyworkin on 04/03/2023 - 23:23
    +1

    Go to bed!

    • Narull on 05/03/2023 - 00:03

      lol, normally I'm long asleep by then, it was just I lost track of tie as the game was good. Completely my fault though.

  • taradavey on 05/03/2023 - 08:10
    +2

    You could always talk to the real estate, too?
    You seem worried about it's effect on your rental, I'd give them a call and talk to your property manager and apologise.
    Take full blame (don't mention how you don't usually do it, or how you weren't wearing headphones because it was too hot - they wont care lol) and ask them to forward your apologies to the neighbor - you could even say that you don't want to make them uncomfortable by telling them yourself because they clearly didn't want to make you uncomfortable by confronting you
    And tell the real estate you will be much more aware of the time and your noise and it wil never happen again.

    They're just doing their due dilligence - regardless of whether the complaint is petty or reasonable they have to follow through, so make their job easier and confirm yoru understanding and immediate implementation and what they're asking, and then when the time comes that you do need a reference from them you will likely get a positive one.

    I dont think you have anything to worry about long term.

    • Narull on 05/03/2023 - 13:26
      +1

      I did this thank you, they said they keep it on their file but didn't mention if it was kept on the rental ledger for if I rent with someone else, also informed them of the letter I left for neighbor apologising and that I don't want to be the bad neighbor so please let me know if they have an issue again but I've worked out that close my door/window makes things quieter down that end of the apartment which I'll be doing and in general won't be playing as loud as late.

      They were very kind and said it's fine they just have to action all reports, but yeah didn't mention if it stays on my rental history forever or just in their notes.

  • Sinnerator on 05/03/2023 - 08:26
    +4

    OP, you mentioned that you wished that they compained to you in person first.

    FYI, this can be dangerous for them, they don't know you. Are you a violent narcissistic meth head? (worst case scenario, but it's on a lot of people's minds especially the elderly).

    And some people just don't want the BS of dealing with shitty neighbours.

    • Narull on 05/03/2023 - 13:28

      Fair point, I guess it's just because I've lived here for 11 years now and I've been friendly with everyone who has moved into A bar these people (only even seen them once in the year they have been there).

      But yeah fair point in not knowing if I was some (profanity) who's gonna abuse them or not.

  • jebdra on 05/03/2023 - 09:13
    +2

    "I did however leave a letter in their mailbox saying I'm sorry for the noise"

    Well done. That's a good thing. Perhaps go knock on their door at a suitable hour and reiterate your apology in person and ask them to come and knock on your door if they have any problems in the future. Hopefully that will avoid any further real estate interaction.

    TBH - I certainly wouldn't knock on a stranger's door to complain about something (loud music, dogs barking etc). 40 years ago, sure no worries, but now - the chance of getting a face full of drunk or drugged aggression is too much of a risk.

    • Narull on 05/03/2023 - 13:30

      I actually tried knocking on their door before leaving the letter as I could hear their TV but when I knocked they turned it off and didn't answer so I guess they may have thought I was going to be abusive or they just didn't want to speak too me, again it's fair they don't know if I'm some (profanity) or not.

      I guess I am stuck in the past were noise complaints always went through the police or in person before going to the real estate, but hey I've learnt my lesson and will be more considerate.

  • ForkSnorter on 05/03/2023 - 10:44
    -1

    Breach notice is not a permanent mark in your rental record as long as you rectify within the time limit.

    However, 4am, are you serious? How does your lifestyle allow for that? I wake up around 4.30am, after a full night's sleep. If I was staying up until 4am, I wouldn't be able to function, let alone work.

    Also, people like you are the reason why I'd never buy a duplex.

    I was looking at a house for sale in a semi-rural area recently, where the houses are quite close to each other. Was considering buying it, but about half an hour after the inspection, I was walking around the area, and the most obnoxiously loud pop music suddenly emanated from the house next door. It was so loud it reverberated a hundred meters away, and the music seemed so out of place in that peaceful forest location, that I immediately lost interest in the house, and I suspect that's possibly why the house was for sale. I met a couple walking through the forest, and they said yes, they sometimes hear loud music coming from that direction.

    A bit off topic, but I mention this because of how important it is to be considerate of your neighbours.

    • tabitha731 on 05/03/2023 - 11:13
      -1

      I absolutely agree! Wat grown person has time and energy to be playing video games til 4am!!! With or without a job!

      No matter what time.of the day, volumes of tv or music at ridiculous heights is being inconsiderate of your neighbours. U so not live in an isolated community! Time to grow up and realize there are others around u!

      • Narull on 05/03/2023 - 13:42

        I am grown up, that's why I don't have a bedtime like you, I live off an EU sleep pattern so I can talk to my friends.

        Three nights which I admit to screwing up having my sound too loud and you forget about a whole populace of say night shift workers, shift workers, people who don't live the 9-5 lifestyle like you do.

        I'd say it's time for you to grow up and realise there are people who aren't the same as you.

        I admitted to my mistake, took ownership of it and won't do it again, you decided to call me a child just because you have no concept of people doing things outside of the normal times for you, the world keeps turning while you're asleep mate.

    • Narull on 05/03/2023 - 13:39

      I am on a disability pension due to cancer and many other health issues, I have no family at all and my friends live overseas so my sleep pattern doesn't match with normal Australian sleep pattern, it matches more with EU so I can speak to them during the night.

      Over the last 10 years living here and living by that sleep pattern I've never had a complaint once, it's not like I blast music every night, I happened to have a new game I was playing and was playing it for several hours because I was enjoying myself. Three nights which I admit my screwup and you judge an entire populace of people who don't match your sleep pattern.

      You say it's so odd to live a lifestyle out of sync of yours, but what about nightshift workers? or general shift workers? Not everyone works 9-5 and goes to bed early, there is a whole bunch of people who are always awake all night.

      Yes I screwed up a couple of nights, I take full responsibility for it, but it will not change the fact that I don't follow your sleep pattern, just as a lot of grown adults don't, that's the joy of being a grown adult, you don't have a set bedtime by some stranger on the internet.

      • ForkSnorter on 05/03/2023 - 16:45

        my friends live overseas so my sleep pattern doesn't match with normal Australian sleep pattern, it matches more with EU so I can speak to them during the night.

        If you can manage to communicate with them at other times (e.g. 8pm at night in London is 6-7am in Eastern Australia), I strongly recommend sleeping during the night and waking at dawn if you can.

        The data suggests sleeping early and waking early is correlated with all kinds of positive health outcomes compared with sleeping late and waking late, including better quality sleep (especially if you go out in the sunshine before 7am), lower incidence of depression, higher productivity, better cognitive function, lower incidence of chronic disease, etc. Highly recommend it if you do not need to work during the night.

        • Narull on 05/03/2023 - 21:29

          It depends on the day, sometimes I have zoom calls at 4am so I go to bed early on those nights, other nights my friends are up so I stay up. I'm 38, I've already got a long list of health issues that I already doubt I'll live a long life anyway so I enjoy time spent with friends.

          I have several friends in Finland and Kyrgyzstan, their 'late night' is our insane night times.

          Again it's not every night and the nights I annoyed my neighbor weren't even nights I was playing with others, I was just really into the story of a game and I lost track of time, it was a 4am alarm timer I have set on my lights to make sure they are off which made me notice and think "oh crap it's super late".

          Anyway sleep patterns aside, I really don't have a normal one and I admit to that, (I wouldn't sleep at all if it wasn't for the anti-psychotics doctors have me on I swear).

          I 100% admit this whole thing was my fault, I've closed my doors and turned down my speakers, I've got a cheap headset just incase until I can get a good one. I don't think there is anything else I can do to make my neighbor happy but comments here have got me scared, as others have said all it takes is them being vindictive and saying I'm still being loud and the real estate will believe them and kick me out as they don't require proof and one day if I ever do move even without this being on my rental ledger if I use this real estate as a reference they will mention the noise complaint and bam I'll be off the rent too list (wish how crazy things are these days).

          Basically to sum it up, I've accepted I've screwed myself, trust me I've felt like crap all day thinking about it, 24 years of perfect rental history is gone all because I was an inconsiderate jerk without even meaning to be.

          Anyway, Thanks for the advise.

  • mj always rules on 05/03/2023 - 12:06
    +2

    If it's loud, always wear headphones. There's nothing worse than noisy, inconsiderate neighbours.

    Imagine how they felt if they had to get up for work with no sleep.

    • Narull on 05/03/2023 - 13:44

      Yep I agree, I messed up and I admitted so…several times, it amuses me how many people think I'm saying I didn't mess up. I took ownership of my mistake and don't intend on doing it again, I just wanted to know if the breach was a permanent mark. Simple.

      • mj always rules on 05/03/2023 - 18:20

        Mistake is once, not 3 times in a week

        • Narull on 05/03/2023 - 21:14

          Yes I purposely played 3 times in the week but I didn't purposely try and annoy my neighbor 3 times in a week. I didn't even think of it, have never had a sound complaint in 10 years living here and not like I turned up the volume more than normal. Hence mistake.

          If I'd gone in thinking "yeah this will piss them off" 3 times I'd agree not a mistake, but I'll have to agree to disagree on your point here.

  • 2esc on 05/03/2023 - 15:15
    +1

    In regards to your neighbours should have approached you they may not of approached you because a lot of people dont take criticism well. Violence in retaliation has occured or potential feud could be a result.

    Dont assume it was your neighbour next door could have been a neighbour from 2 or 3 doors away. Sound travels at night.

    • Narull on 05/03/2023 - 15:18

      Real Estate all but confirmed which neighbor it was by saying how our 'connecting walls' are thin.

      But again I take responsibility for it, left a letter saying I'm sorry and spent last night researching headsets to save up for and buy, I'll be keeping it down in the mean time. I know this is 100% on me and they had every right to complain, my comment about wishing they had came to me first was just because now I have a permanent mark with that real estate, as someone else in the thread said if I ever use them as a reference for another place they will say "yeah we had a noise complaint about Narull once" so I'm screwed.

      24 years of perfect rental history down the drain over a stupid mistake I made but again no one to blame but myself.

  • Bob Svargis on 05/03/2023 - 17:23
    +2

    It's good that you're owning the issue, but expecting them to come to you to complain about the noise isn't really fair in this day and age.

    Would you consider maybe door knocking and just letting people know you are sorry for the noise and you'll switch to headphones moving forward? I think that'll mend a lot of bridges with your neighbours.

    I couldn't imagine that a single noise complaint would go on the tenancy database, surely that's not legal.

    • Narull on 05/03/2023 - 17:56
      +1

      I actually tried yesterday before this post, I could hear their TV on so knocked to apologise, they turned off TV and didn't answer the door, I guess they were worried it would be conflict.

      I understand now that it was unfair of me to think they would come talk to me, I guess it's just what I was used too in the past, as I'd been friendly with all past residents in unit A, but I've only even seen these ones once in the year they have lived here. Again my bad.

      I did leave a letter in their mail box saying sorry, I've already scoped out a good set of headphones I want to get and got a cheapo in the mean time.

      My only fear now is they can report me without any proof and the real estate believes them, all I can do is hope they aren't that vindictive. That and as others have pointed out I've screwed 24 years of perfect records because if I move and use this real estate as a reference they will note the noise complaint.

Login or Join to leave a comment
Login Join