In Victoria, the threshold for a breach of "quiet enjoyment" is substantial interference with the ordinary and lawful enjoyment of the rented premises by the landlord or their agent. Under Section 67 of the Residential Tenancies Act 1997, landlords must take all reasonable steps to ensure tenants have peace, comfort, and privacy.
Key Aspects of the Threshold in Victoria:
Substantial Interference: The interference must be more than minor or trivial. It occurs when a landlord, or someone acting on their behalf, disrupts the tenant’s ability to live in their home peacefully.
Common Law Definition: Unlike other Australian states that explicitly define "reasonable peace, comfort and privacy" in their legislation, Victoria’s right is heavily based on common law, focusing on the possession and use of the property.
Examples of Breaches:
Improper Entry: Entering without proper notice or for an invalid reason.
Harassment: Frequent, unnecessary inspections or harassment by the agent/landlord.
Failure to Act: Not taking steps to stop other people acting on behalf of the landlord from causing disturbances.
Duration/Severity: The interference must interrupt the "ordinary" use of the home.
What to do if Quiet Enjoyment is Lost:
If a renter's quiet enjoyment is disturbed, they can issue a Breach of Duty Notice, requiring the landlord to remedy the breach within 7 days. If the breaches continue, the tenant may apply to the Victorian Civil and Administrative Tribunal (VCAT) for compensation or orders to stop the interference.
Quiet enjoyment facts in this case:
- Unverified technicians allowed to access infrastructure outside subject's door.
- Building management knowingly allowed the unlawful occupants to stay despite not legally being on a lease for either of the two apartments they took over.
- Building management unlocked a second apartment for the occupants when the first apartment gained too much police attention.
- Building management had a prior relationship with the unlawful occupants.
- Building managers stopped a Police Investigation into incidents.
- Building Management failed to hand over evidence, this allowed for the safety and security issues to go unresolved.
- Building Management provided a key or access to victims apartment in December, allowing them to enter the victims home without forcing entry.
- Building management failed to address safety and security reports by tenant.