Party time – student parties, 21sts, late-night barbecues, free-for-all parties that get out of control . . . Landlords had better beware of tenants who like to party on a regular basis, particularly if they have received numerous complaints from neighbours about the noise.

In a landmark ruling, a magistrate has found a landlord to be in breach of a noise abatement order. The landlords, owners of more than 100 rental properties, have been fined for the actions of their rowdy, partying tenants.

In the past, landlords have been able to ignore complaints from other residents about noisy neighbours and pass it back to the tenants or ask the tenants to keep it down, with no fear of reprisal.However, in a rare move a magistrate has decided that enough is enough and served the noise-abatement order on the landlord, rather than the tenants.

This is great news for the neighbours, the Whittlams (a 71 year old mother and 41 year old son who lived below the unit in question), who claimed they suffered five years of noisy, transient partying tenants who allegedly shouted, sang at night, slammed doors, played soccer at 2am, swore and played loud music on a regular basis. But the news is not so good news for landlords who may now have to wear the costs of unruly tenants.

Anyone breaching a noise-abatement order can face fines of up to $5500 as well as charges of contempt of court that could lead to jail terms. The magistrate found that the landlords were responsible because they could in fact control who they rented their properties to, and could also renovate the property to make it less noisy.

Colin Grace, of Grace Lawyers, whose firm represented the Whittlams, says this was a landmark decision. ''It means if a landlord has been told about a problem with their tenants but does nothing about it they effectively 'adopt' the problem and are responsible for it.'' Looking on the bright side, there are always plenty of good, quiet tenants who are desperate to find good accommodation!