June 7th, 2023
A comprehensive guide to your rights as a tenant when your landlord increases your rent in Australia
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Living next to a noisy neighbour can turn what should be a peaceful sanctuary into a source of daily stress and frustration.
Whether it’s loud music, barking dogs or midnight vacuuming, excessive noise is a common issue in residential areas across Australia.
Fortunately, tenants have several practical steps and legal pathways they can follow to address the problem while maintaining their rights and wellbeing.
Have a friendly chat
The first and often most effective step is to speak with your neighbour directly.
People aren’t always aware that they’re being disruptive and a polite conversation can go a long way in resolving the issue.
Choose a calm moment to approach them and explain how the noise is affecting you. Often, that’s all it takes for things to quiet down.
Keep a record
If the noise persists, start keeping a written log of the disturbances. Record the dates, times, type of noise and its duration.
This documentation will be valuable if you need to escalate the matter later.
You might also record audio or video if permitted by law in your state or territory, but written notes are typically enough for initial complaints.
Check your lease agreement
Your lease may include clauses related to quiet enjoyment or rules about noise levels.
If your neighbour is another tenant in the same complex or building managed by the same landlord or Property Manager, you can notify them of the issue and provide your noise log.
Contact your landlord or Property Manager
If talking to the neighbour doesn’t help — or if it’s not appropriate to approach them — reach out to your landlord or Property Manager.
They may be able to speak to the other tenant (if they manage their tenancy as well) or issue a written notice about unacceptable behaviour.
Engage your local Council
Each Australian local council has guidelines and by-laws that govern residential noise, including limits on noise from parties, construction and pets.
If your neighbour’s noise exceeds acceptable levels (especially during prohibited hours), you can file a noise complaint with your local council.
Councils may send a noise control officer or issue a formal warning.
Call the police (when necessary)
In extreme or after-hours cases — such as aggressive behaviour or dangerously loud parties — calling the police is appropriate.
For non-urgent matters, contact the Police Assistance Line (131 444). Officers can issue a noise abatement direction, which legally requires the noise to stop for up to 72 hours.
Dispute resolution services
If all else fails, you can seek help from a Community Justice Centre or a tenant advisory service in your state or territory.
They can offer free dispute resolution or mediation services to help resolve neighbour issues without going to court.
Know your rights
Under Australian tenancy laws, you’re entitled to “quiet enjoyment” of your rented property.
If a neighbour is persistently disturbing your peace and your landlord fails to act, you may be able to raise the issue with your state’s tenancy tribunal.
A little diplomacy, consistent documentation and knowing when to escalate are key. No one should have to wear noise-cancelling headphones just to get a good night’s sleep.
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