2023 has barely started and yet it’s been anything but short of surprises. Among them, a strange case of a newcomer renting a long-abandoned tower on the outskirts of town has aroused the curiosity of residents in regional Queensland.
According to the Real Estate agency in charge, the Brisbane-born woman (who requested to remain unidentified) has signed a 24-month lease fully paid upon key collection and has barricaded the main access door from the inside after moving in. The outback Rapunzel, as she is locally known, has chosen to self-isolate not as a consequence of the two-year pandemic, but as an attempt to fully enjoy her legal right of quiet enjoyment.
Based on rumours going around town, the woman has decided to move away from big urban centres after having her peace disturbed one too many times, and finally live the introvert’s dream in quiet solitude.
Quiet Enjoyment – what is it?
Although not a term directly defined by law, “quiet enjoyment” is most certainly a tenant’s right enshrined in the Residential Tenancies and Rooming Accommodation Act 2008 under Chapter 4, Part 1, Section 249.
According to it, the lessor must take reasonable steps to ensure the resident has quiet enjoyment of the resident’s room and common areas of the property and not interfere with the reasonable peace, comfort or privacy in using the resident’s room and common areas.
Funny enough, “quiet enjoyment” doesn’t necessarily mean the opposite of “noisy” as neighbours and street activity cannot be accounted for during a tenancy. Noise complaints can escalate to property managers to address, but given they are not responsible for the tenant’s behaviour they are not legally obliged to take action.
This concept came as a shock to local residents, who unanimously declared the only interruptions come from the mailman and tumbleweeds are the loudest things around.
Consequences of disturbing the peace
Despite an odd concept mainly built on common sense, there are serious consequences for a breach of this tenant’s rights. As published on the RTA webpage: ‘It is an offence under the Act for a property manager/owner to interfere with a tenant’s quiet enjoyment and doing so can incur fines through a prosecution process. The RTA recently prosecuted a property owner for interfering with his tenants’ quiet enjoyment of their rental property, resulting in a $3000 fine.’
Amid breaches of quiet enjoyment, the most common occurs when the managing agent or owner doesn’t comply with the rules of entry, making the visit to the property illegal. But apart from that, others may be considered an interference; they include:
- Dictating how many visitors a tenant can have, or who can visit the property
- Conducting an open house (for either selling or renting) without the tenant’s consent
- Using advertising images of a tenant’s possessions without the tenant’s consent, for the purposes of selling or renting a property
- Visiting the property without the appropriate entry notice or prior agreement
- Disruption of a tenant’s use of a property by shutting off the electricity or changing the locks
Entry Notices – lawful or not?
The managing agent or owner of the property has the right to enter the premises by issuing the tenant with an Entry Notice, in which the reason and timeframe for the entry are outlined, obeying the notice periods determined. Two of the most common would be Routine Inspections and Maintenance Repairs, but others are also valid.
If for whatever reason an Entry Notice is not (or cannot) be issued, the entering party may also contact the tenant directly and upon agreement enter the property.
The tenant can refuse access to the property if the entry attempt is unlawful, or if the reason provided or time arranged are unreasonable. Otherwise, the entry is lawful and the managing agent or owner has the right to access the premises.
Completing three months out of her 2-year agreement this coming week and getting her groceries delivered by drones, the outback Rapunzel hasn’t been seen throughout her tenancy and is gradually ascending to the hall of local urban legends – right next to Drop Bears. The more daring residents of the area even say she’s shaved her head to avoid random skilled men from climbing her hair.
In situations when entering a property is needed, it is important to have a knowledgeable team to make sure everything runs smoothly. At Odyssey Property Concierge, our highly experienced team works with smaller portfolios per agent, allowing our Property Managers to dedicate more time to resolving such problems.
