Noisebusters: Who ya gonna call?

A tenant in a group of townhouses has a problem with a noisy neighbour.  She has approached the strata manager who has told her it’s not his problem as she is not an owner.  Is he right and what can she do?

To establish first principles, tenants are entitled to the same rights of peace and quiet as resident owners.

However, how they go about achieving that depends on the way the building is run. Your first port of call when you have a complaint may be the executive committee as they are the ones who are supposed to be running the show.

In many cases, however, the strata manager fulfills all the functions of the EC so it would be him or her.  In buildings with a building facilities manager it could be them and they should pass it up the line.

Things are slightly different in Victoria where the committee has to respond to complaints – if only to tell you that they are going to do nothing – and they have to set up an internal dispute procedure if they go ahead.

Otherwise, your best bet is to contact your landlord or agent and tell them that you have a problem and you wanted it fixed.

But if none of your usual suspects take an interest, your best bet would be to contact your landlord or their agent and tell them that you had a problem and you wanted it fixed.

If they don’t take action on your behalf, you can apply to Fair Trading in NSW or Consumer Affairs in Victoria for a rent reduction due to loss of amenity.

There are other options available.  If the noise is happening after hours – that’s after 10 pm on weekday nights and midnight on weekends and public holidays you can call the police.

But remember, the “after hours” time limits work as well as by-laws, not instead of them.  You can still be breaching your by-laws at any time of day if the noise is excessive.

And if the noise is a persistent nuisance you can apply for a noise abatement order from a local court.  You’ll find more about how to deal with neighbourhood noise at these links for NSW and Victoria.