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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