Quiet enjoyment is referred to, but not defined, by the Residential Tenancies and Rooming Accommodation Act 2008.
A tenant/resident is entitled to reasonable peace, comfort and privacy, and must be able to make full use of their property or room and common areas. This does not mean you or your neighbours must not make noise.
Quiet enjoyment complaints commonly relate to things like:
- unlawful entry or privacy
- smoking
- parking
- rubbish
- excessive noise (including pets)
- overgrown properties
- using paint or chemicals with strong smells
- excessive amounts of water flowing onto adjoining land.
Neighbour complaints
Tenants are required to respect their neighbours' right to peace, comfort and privacy, including neighbouring residents in rooming accommodation.
Example
Tenants may need to consider if the smoke from cigarettes or vapes impacts their neighbours.
If a neighbour believes a tenant/resident is interfering with their quiet enjoyment of their home/room, they should always attempt self-resolution in the first instance. If the issue remains unsolved, they may attempt to speak to the tenant/resident's property manager/owner.
If a property manager/owner receives a complaint from a tenant's neighbour, they may want to address the issue with the tenant. However, the Act does not provide a process if both neighbours are not managed by the same property manager/owner. If the property manager/owner does not address the issue, you may need to seek dispute resolution through other available services.
Neighbours with the same property manager/owner
If a property manager/owner receives a complaint from a tenant’s neighbour where they manage both of the premises (common in townhouse complexes, unit blocks and caravan parks) or from a resident in rooming accommodation, the options are:
- self-resolution in the first instance by all parties talking with each other
- the property manager may decide to issue a Notice to remedy breach (Form 11) or Notice to remedy breach (Form R11) to the tenant/resident causing the disturbance on the grounds of interfering with a neighbour’s peace and quiet enjoyment, or
- the complaining tenant/resident may issue a Notice to remedy breach (Form 11) or Notice to remedy breach (Form R11) to the property manager if they believe the matter is not being addressed and is affecting their peace and quiet enjoyment of the premises.
If the matter remains unresolved, parties to the tenancy can apply to the RTA’s free dispute resolution service for assistance. This service can only be used to assist with a dispute between a property manager and a tenant/resident, not a dispute between neighbouring tenants or residents.
Property manager/owner complaints
It is an offence for a property manager/owner to interfere with a tenant/resident's reasonable peace, comfort and privacy (maximum 20 penalty units).
If a property manager/owner interferes with a tenant/resident’s quiet enjoyment, they are breaching the tenancy agreement.
Examples
The property manager/owner must not:
- make unlawful entry into the property or room
- switch off services (e.g. water or electricity) during the tenancy
- use photos of a tenant’s possessions in an advert without their consent
- say who can visit the tenant/resident at the property.
Other agencies that may be able to help
- Local government investigates complaints relating to residential properties (e.g. dogs barking and excessive noise from air conditioners).
- Local police can act on complaints about excessive noise and bad behaviour, and complaints such as dangerous driving.
- Dispute Resolution Centres offer free mediation services to help manage neighbourhood disputes without going to court.