“I live in a strata building. My neighbour smokes on his balcony, which is right outside my bedroom window. Can I take any action, or can only my landlord / agent do something?” – Cathy
We asked Property Manager at Professionals Lithgow, Tina Case, for her advice about what to do if you want to complain about a tenant smoking.
Tina said there are new strata laws in NSW that now allow you (as the tenant) to take some action yourselves, rather than relying on your agent or strata:
“People living in strata units are not allowed to cause a nuisance or stop you from enjoying your property with regard to smoking on the premises,” she said.
“You are allowed to take your neighbour to the NSW Civil Administrative Tribunal (NCAT) for a determination on this issue.”
Tina said tenants should be mindful of large costs / fines that may be applicable in this situation.
“I would recommend speaking with your neighbour and seeing if the matter can be resolved first,” she said.
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