Hareesh Nair - Arabian Homes Article on "The art of managing tenants complaints (and dealing with problems) June 2018

1. 50 AH JULY 2018
THE ART OF MANAGING
TENANTS’COMPLAINTS
Problems with noisy neighbours? Property manager
Hareesh Nair reflects on the art of managing
complaints and dealing with problems in a
residential dwelling context
A
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).
DIFFERENTTYPESOFCOMPLAINTS
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
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.
50 AH JULY 2018
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
Thisarticledoesnotdealwithnon-paymentofrentorbills,legalsituationsthatrequire
theadviceofalawyer.Ifyouarealandlordortenantinsuchaposition,seekguidance
fromRealEstateRegulatoryAuthority(www.rera.gov.bh)

2. 51JULY 2018 AH 51JULY 2018 AH
ADVICEFOR 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.
⚫ 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.
⚫ 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.
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.
NOISEINCIDENTS
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.
ADVICEFORPROPERTYMANAGERS
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