This article discusses whether tenants have quiet enjoyment rights in WA strata buildings and outlines the steps they can take to address ongoing noise issues.
Question: 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?
Answer: 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.
Luke Downie
Realmark Strata
E: ldownie@realmark.com.au
P: 08 9328 0999
This post appears in Strata News #779.
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This article highlights an important issue that many strata owners and tenants experience but often misunderstand. Clear communication, respectful living, and understanding quiet enjoyment rights are essential for maintaining harmony in shared communities. At Property Buyer Advantage, we always encourage buyers and investors to carefully review strata rules and by-laws before purchasing, as these factors can greatly impact long-term lifestyle and tenant satisfaction. Thanks for shedding light on such a valuable topic for property owners and renters alike!