What is quiet peace and enjoyment?

Residential Tenancy Agreement states that tenants have the right to quiet enjoyment at the premises they are renting. This means, tenants have the right to live in the property without interruption by the landlord or landlords agent, ensuring the reasonable peace, comfort or privacy of the tenants at the property.

Having said that, landlords and landlord agents have the right to conduct up to 4 routine inspections per year. This is a combined total unless as otherwise agreed by the tenant or if a re-inspection were to occur. Written notification as outlined in the Residential Tenancy Act must be followed.

For a landlord, quiet peace and enjoyment also includes not constantly driving past the rental property to look at the state of presentation, peering over the fence or through windows, dropping by unannounced, excessive telephone calls, SMSs and emails. Unless agreed by the tenant, access to the premises is restricted and not permitted on Sundays, public holidays or outside of the hours of 8am and 8pm; however at Fitzpatricks our routine inspections are conducted during business hours to keep our tenants’ peace in mind.

Tenants do also have responsibility to ensure they are not disrupting neighbours rights to quiet peace and enjoyment by ensuring they do not play excessively loud music, dogs don’t bark excessively, they don’t have people coming and going at all hours of the night, no excessive noise coming from parties or cars and generally no disruptive behaviour towards neighbours.

By both our landlords and tenants being aware of their obligations under the Act, this helps ensure a smooth tenancy for all parties involved.