A tenant is entitled to reasonable peace, comfort and privacy, and must be able to make full use of their property; this is called quiet enjoyment. It does not necessarily mean 'not noisy'.
It is an offence for a property manager/owner to interfere with a tenant's reasonable peace, comfort and privacy.
Quiet enjoyment is referred to, but not defined, by the Residential Tenancies and Rooming Accommodation Act 2008.
Example: the property manager/owner must not switch off services (e.g. water or electricity) during the tenancy.
Example: the property manager/owner cannot say who can visit the tenant at the property.
The RTA cannot become involved in disputes between neighbours as they are not parties to the same tenancy agreement.
However, the tenant is required to respect their neighbours' right to peace, comfort and privacy.
If a neighbour believes the tenant is interfering with their quiet enjoyment of their home they may speak to the property manager/owner.
If a neighbour complains, the property manager/owner may want to address the issue with the tenant. However, they are not responsible for a tenant's behaviour or actions and are not obliged to take action when a neighbour complains about the tenant.
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