Whether you are a homeowner or a renter, everyone is entitled to live in their homes with peace and quiet enjoyment. This right, however, can sometimes be challenged by various disruptions, making it essential to understand how to protect it without undue stress.
For renters in Queensland, the concept of “quiet enjoyment” is enshrined in the Residential Tenancies and Rooming Accommodation Act 2008. This legislation ensures that tenants can enjoy their rented premises without undue disturbance from landlords or their agents. Landlords must adhere to specific protocols, such as providing timely entry notices and respecting inspection dates. Importantly, it is an offence for property owners to interfere with a tenant’s enjoyment of their property. Violations can lead to fines, with the Residential Tenancy Authority recently issuing penalties up to $3,000.
Common issues that may impact quiet enjoyment include persistent noise from neighbours’ dogs, air conditioners, or even more severe disputes involving threats or excessive noise, which should be addressed by contacting the police or local council.
Homeowners also have rights to quiet enjoyment, extending to prevent unlawful interference with their use of their land. This can cover a variety of nuisances, such as noise, odour, smoke, and other environmental disturbances. When these nuisances become unreasonable and substantial, homeowners are advised to report them to their local council or the police, allowing the proper authorities to take necessary action.
Despite the frustrations that may arise, it is crucial to remember that personal safety should always be a priority, especially when disputes could escalate.
If you find yourself in a situation where your right to quiet enjoyment is compromised, whether as a tenant, property manager, or neighbour, please do not hesitate to reach out. We offer an initial consultation free of charge to provide preliminary advice, assisting you in maintaining the peace and enjoyment of your home.
Call: 07 3999 9751 or email: legal@holzworth.com.au