Do lot owners have more rights than tenants when it comes to the quiet enjoyment of my apartment?
In our apartment building, an owner one floor below has a dog that barks frequently. I am a tenant in the building. The dog has woken me early several times and barks throughout the day.
I left the owner a note explaining the problem and asking them to keep the dog quiet, but nothing has changed. What can I do next? Do owners have more power than tenants when it comes to the quiet enjoyment of my apartment?
Being a tenant should not disadvantage your rights to peaceful enjoyment.
If a neighbour's dog is constantly barking and direct communication hasn't worked, you have options:
- Lodge a written complaint to the Strata Company : they can issue a breach of the strata company by-law. Most schemes' by-laws prohibit excessive noise and provide for enforcement.
- Report to your local council ranger: they can investigate and issue notices for excessive noise.
- Escalate if needed: unresolved issues can go to the State Administrative Tribunal (SAT) for orders.
Start by documenting the times the barking occurs and lodge a formal complaint with your strata manager. If you need help, reach out. We deal with these situations often and can guide you through the process.
Strata company by-laws exist to aid in controlling and managing the common property for the benefit of all lot owners, including tenants who contract with a lot owner to occupy their lot. My opinion is that being a tenant should not disadvantage your rights to peaceful enjoyment.
Log in to your existing Lookupstrata Account to download the printable file.
Most people find Strata to be a dry subject. Talk to Luke about Strata Legislation and you will soon see how enthused and excited he becomes about the topic. With over 20 years in the industry providing Strata Management and consultancy services. Luke owned and operated his own Strata Management business here in Perth for over 10 Years as well as being the state lecturer in Strata Management at Central Tafe at that time.
Educating people on Strata Title has been a passion of Luke’s delivering seminars on a regular basis for the last three years and now regular webinars since COVID-19.
In his spare time Luke’s passions are family, fishing, fine dining and football (West Coast Eagles). He also likes to volunteer assisting Perth’s homeless community.
Luke is a regular contributor to LookUpStrata.
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