This question about nuisance neighbours who are renting has been answered by Tony Johnson, Horner Management.
Question: I have nuisance neighbours who are renting. The apartment is overcrowded with three adults and a baby and their cooking smells waft into my space. What can I do?
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Are you able to assist with these questions please? I have nuisance neighbours who are renting and I am located in South Australia.
- My neighbour’s food smell seems to invade my place even though all my doors and windows are shut. I’m worried that the food smell will stay in my paint and curtains.
- The tenants now recently had a baby since moving in. They have the Mother-in-law from overseas staying in the apartment and living with them for 6 months. This is a 2 bed unit leased to just the original two occupants.
I would not have considered a baby, child or children because of noise, limited space etc.
I would not have considered leasing this property to 3 adults and a growing baby for a number of reasons.
Answer: We always ask and remind Residents in a Strata Corporation to be mindful of their actions, and how it may affect those around them.
Thanks for your query.
The actions of Residents in Strata Corporation living, naturally have an impact on the others around them due to the close proximity of living arrangements. We always ask and remind Members to be mindful of their actions, and how it may affect those around them.
Specifically in regards to your queries:
- Unfortunately there can be issues in properties with the drift of smells from one apartment to the next. In a newer complex, should you be experiencing this, it may be something to address with the Developer, to ensure proper building requirements were met to control and limit the drift of smells. If however you are in an older Strata complex, then chances are this is a more difficult problem to address. There is no requirement upon the Resident to restrict the foods that they cook, or to prevent that drift provided they are simply using their kitchen as intended. You may want to consider some actions you could take yourself, like the installation of new door seals under your door, and checking that the window seals are in reasonable condition.
- There is no action that can be taken in regards to reducing the Occupancy. It is not unreasonable to expect that three adults would stay in a two bedroom residence. The individual Property Manager for that unit may have imposed restrictions on occupancy at sign up of the lease however allowances would be made for Visitors and certainly under the circumstances, allowances would undoubtedly be made with understanding for a new Grandmother.
Whilst changes in occupancy, including newborns can have an affect on those around them, and perhaps on the facilities of a site, this is not unheard of and should be expected within any form of community living. While it can cause you some concerns and frustrations there are multiple persons living in a unit which you may feel is excessive, there are no restrictions under the Strata Titles Act that prevents this.
This post appears in Strata News #171.
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This article is not intended to be personal advice and you should not rely on it as a substitute for any form of advice.