Photographing and Filming Tenants’ Possessions for Advertising Purposes: Consultation Paper
Appendix B: Quiet Enjoyment
| Jurisdiction | Victoria | New South Wales | Australian Capital Territory | Queensland | Northern Territory | Western Australia | South Australia | Tasmania | |
| Act
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Residential Tenancies Act 1997 (Vic)
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Residential Tenancies Act 2010 (NSW) | Residential Tenancies Act 1997 (ACT) | Residential Tenancies and Rooming Accommodation Act 2008 (Qld) | Residential Tenancies Act (NT) | Residential Tenancies Act 1987 (WA) | Residential Tenancies Act 1995 (SA) | Residential Tenancy Act 1997 (Tas) | |
| Relevant provisions | Section 67—Quiet enjoyment
A landlord must take all reasonable steps to ensure that the tenant has quiet enjoyment of the rented premises during the tenancy agreement: s 67
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Section 50—Tenant’s right to quiet enjoyment
A tenant is entitled to quiet enjoyment of the residential premises without interruption by the landlord or any person claiming by, through or under the landlord or having superior title to that of the landlord: s 50(1) A landlord or landlord’s agent must not interfere with, or cause or permit any interference with, the reasonable peace, comfort or privacy of the tenant in using the residential premises:
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Tenant’s use of the premises without interference
The lessor must not cause or permit any interference with the reasonable peace, comfort or privacy of the tenant in the use by the tenant of the premises: sch 1 cl 52 Unless otherwise agreed in writing, the tenant has exclusive possession of the premises, as described in the agreement, from the date of commencement of the tenancy agreement provided for in the agreement: sch 1 cl 53 Section 71—Reduction ACAT must order a rent reduction if the tenant’s use or enjoyment of the premises has diminished significantly as a result of interference with the tenant’s quiet enjoyment of the premises or the tenant’s ability to use the premises in reasonable peace, comfort and privacy by the lessor: s 71(1)(c) |
Section 183—Quiet enjoyment
The lessor must take reasonable steps to ensure the tenant has quiet enjoyment of the premises: s 183(1) The lessor or lessor’s agent must not interfere with the reasonable peace, comfort or privacy of the tenant in using the premises: s 183(2) |
Section 65—Tenant to be able to use and enjoy property
The tenant is entitled to quiet enjoyment of the premises without interruption by the landlord or a person claiming under the landlord or with superior title to the landlord’s title: s 65(a) The landlord will not cause an interference with the reasonable peace or privacy of a tenant in the tenant’s use of the premises: |
Section 44—Quiet enjoyment
The tenant is to have quiet enjoyment of the premises without interruption by the lessor or any person claiming by, through or under the lessor or having superior title to that of the lessor: The lessor must not cause or permit any interference with the reasonable peace, comfort or privacy of the tenant in the use by the tenant of the premises: s 44(2)(b) Section 59E—Interference with quiet enjoyment A lessor who causes or permits interference with the reasonable peace, comfort or privacy of the tenant in the tenant’s use of the premises commits an offence: s 59E(1) |
Section 65—Quiet enjoyment
The tenant is entitled to quiet enjoyment without interruption by the landlord or a person claiming under the landlord or with superior title to the landlord’s title: The landlord will not cause or permit an interference with the reasonable peace, comfort or privacy of the tenant in the tenant’s use of the premises: s 65(1)(b) If the landlord causes or permits interference with the reasonable peace, comfort and privacy of the tenant in the tenant’s use of the premises in circumstances that amount to harassment of the tenant, the landlord is guilty of an offence: s 65(2) |
Section 55—Quiet enjoyment
A tenant has the right of quiet enjoyment without interference by the owner of the premises: s 55(1) An owner of residential premises must not interfere with the reasonable peace, comfort and privacy of the tenant in using those premises: s 55(2) |
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