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Topic
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A question about Tenants rights.
-If Tenants have a noise complaint about Common Property eg Loud front entrance door that slams, and if there Unit is on ground floor. Can they take the OC to Fair Trading to put acoustic controls on the front door?
-Or can only the owner of the Lot take the OC to fair trading then the (CTTT), for ajudication?
-Coz it would seem double-standards and unfair, if only owners could, while renters or tenants have to suffer noise problems and can’t do anything legally about it, but owners of lots can!
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Replies
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Tenants most certainly do have a right to take action against the strata or other resident for breaches of bylaws, just like action can be taken against them (tenants) if they breach bylaws.
The form you require is here
Be aware that before you take action you need to show you tried to resolve the issue yourself with either the offender or getting the strata involved. So may sure you have copies / records of any letters, emails, phone calls, conversations you have had regarding the problem.
I don’t think it’s as straight forward as that.
By-Laws apply to owners and occupants, and Owners Corporations are held responsible to properly manage and maintain their Common Property (like entry doors), so what came first in terms of the entry door slamming, the chicken or the egg?
Is it that the door cannot be closed quietly, or is it that “owners and occupants” of the building are allowing it to slam and to thereby interfere with Matt’s peaceful enjoyment?
So rather than pursuing a possibly fruitless route down the mediation path, I’m inclined to KWP’s suggestion – so try contacting your Property Manager (Rental Agent) in the first instance so that they can make the Owner / Landlord aware of the problem and who/what’s causing it (if you can name names), and so that they can follow-up with their Owners Corporation.
OK, so that route may be longer, but at least it may lead you to a solution.
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