#25678

Hi there

Sorry to hijack your post Annabella. Did you have any luck?

I’m new to this forum and a current renter in the same apartment for the last 7.5 years. There has just been a new tenant move in next door who is a heavy smoker out on the balcony which comes straight into our place and with summer coming our apartment gets extremely hot so we live with doors and windows open for months. Plus my husband is an asthmatic amongst other issues. I’m at a loss with how to deal with this now and more confused after reading so many opposing views.

I’ve been advised that there is nothing in the strata by-laws of the building to prevent smoking on the balconies or even common property. I’m wondering if the new rules coming in next month will resolve this issue or are these only applicable to new strata plans?

So far I have made a request through the agent for the executive committee to make a by-law change but I know that is a long shot.

I’ve also made a complaint to the agent about it and they have contacted the tenant after my requests to my neighbours were ignored, and they have replied saying they will be more aware and under stating how much they actually smoke. But i’m not holding out hope that this will improve much.

If the new rules coming in won’t help me out, am I able to utilise the ‘right to peaceful enjoyment’? What or how specifically should I go about this? How will that be received by the agent and landlord? I obviously don’t want to be evicted or have to move until such time as we can afford to buy, which is a lot further down the track.

Many thanks in advance for your assistance!

Kind regards

Jess