THE ART OF MANAGING
TENANTS’ COMPLAINTS
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s an experienced property manager, I am often involved in problems and complaints from tenants that are brought to my attention. Personal experience has taught me that almost all complaints, once raised, need to be handled immediately with skill and expertise to prevent them from being exacerbated and escalating. It’s important to try to de-escalate the circumstances surrounding them – a very skilled form of “change management”, especially where tenant-to-tenant problems exist. Many problems that have escalated into enormous dramas and subsequent police/legal actions could have been nipped in the bud long before the catalyst incident that created the destructive end situation. I’ve witnessed situations like these end in physical altercations, assault, damage to property, counter accusations and arguments, sometimes police involvement and criminal prosecution and, in rare cases, lease termination. It is generally found that the most common tenant problems and complaints relate to noise, smell, maintenance, cleaning, mess and attitude (this last usually relates to car parking, public or common area utilisation and pets).
DIFFERENT TYPES OF COMPLAINTS Complaints in residential apartments are generally of two types: tenant to property, or tenant-to-tenant related. When a complaint is raised it should be actioned appropriately immediately, or escalation of the situation and problem magnification are inevitable. How a property manager or their team handles a problem is critical. Effective complaint handling is an art, not a simple skill, and it requires intellect, clear 50 AH JULY 2018
communication, understanding, empathy, authority and experience. Failing to take immediate and appropriate action on a tenant complaint is a dereliction of duty and symptomatic of poor property management and an unskilled manager. In order to deal with a complaint or a problem, it is critical to understand the problem clearly. A good property manager should never just “hear” a problem or complaint. It needs to be listened to, understood, assessed and appropriate action taken without delay to resolve the complaint effectively – and monitored thereafter. Having received a tenant complaint, it is often necessary, having considered the facts, circumstances and all sides of the story, to be judgmental, logical and pragmatic. However, this needs to be done on the basis of “logic, fact and empathy” and needs an experienced skilled hand to execute a solution effectively, taking into account any policies, processes, procedures, rules or regulations that exist surrounding the circumstances or complaint. Complaints are never resolved by ignoring them, by being hard-nosed or by misunderstanding them. Tenant complaints are often misdiagnosed then badly handled, the result of which can be as detrimental as the problem itself and often frustrating to the complaint originator, leading to further situational escalation.
With tenant-to-tenant problems or complaints, it is seldom wise to immediately call the two opposing parties together. The point of raising a formal complaint generally denotes the exhaustion of patience between two or more parties and the point at which normal generally accepted discussion or
This article does not deal with non-payment of rent or bills, legal situations that require the advice of a lawyer. If you are a landlord or tenant in such a position, seek guidance from Real Estate Regulatory Authority (www.rera.gov.bh)
Problems with noisy neighbours? Property manager Hareesh Nair reflects on the art of managing complaints and dealing with problems in a residential dwelling context
negotiation has reached exhaustion – this may happen in a very short space of time or over a long period. Within the bounds of a lease agreement, tenants legally have a duty of compliance to the rules and obligations of the tenancy agreement – and failure to abide by the agreement constitutes a breach of agreement. However, failure to enforce the terms of the lease agreement may also constitute a breach by the landlord or property management.
NOISE INCIDENTS
Noisy and inconsiderate neighbours are the primary cause of complaints in most residential apartment buildings and dwellings. When a complaint is raised
this must be taken seriously as a situation that requires change management – fast. Each noise incident magnifies the next, and it does not take much to escalate to the point that patience runs out and tempers flare. Noisy tenants constitute a nuisance to their neighbours and need to be dealt with effectively and fast. The landlord or property manager has a legal duty of care to tenants and must take the appropriate pragmatic steps to deal with noisy neighbours as a priority. With noisy neighbours, my advice is to keep detailed records, notes and recordings and to work closely with your property manager to a mutually acceptable outcome.
ADVICE FOR TENANTS Noisy neighbours? Here’s what to do if you have cause for a fellow tenant noise complaint: ⚫ Keep a detailed note (events diary) of all incidents and complaints in writing. ⚫ Try to make an audio recording of the noise at each occurrence and pass it on to the responsible landlord or property manager. ⚫ Do not confront the nuisance noise-maker or their family members, friends or anyone else at the property – this may be seen as aggravation. ⚫
If the nuisance noise complaint is not actioned or the noise continues, write to the most senior responsible person. If possible, include your earlier correspondence/complaint and any recordings and state your request clearly for appropriate action to be taken.
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If the noise persists or your property management fails to address the problem, take the diary of events to the police and make a formal disturbance of the peace complaint.
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Contact your local municipality and ask whom you should address with a noise complaint. You can then produce the nuisance noise diary and any audio recordings and request they take appropriate action.
⚫ Do not react belligerently under any circumstances. ⚫ As a penultimate action you can seek legal advice. ⚫
Finally, and as a last resort, you may have good reason to exit your lease without penalty if your landlord, building owner or management has failed to resolve the problem.
ADVICE
FOR PROPERTY MANAGERS The basic principles of dealing with a complaint or problem are as follows: Listen to the complainant Understand the problem Assess the situation and the appropriate solutions Take the best and most appropriate course of action Ensure that there is follow up
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