For years, neighbours in strata buildings have struggled with noise complaints—especially when apartments are used as informal hostels for short-term tenants or backpackers. Until now, landlords often deflected responsibility, claiming noise was the tenants’ problem.

But a landmark NSW ruling has changed the game: landlords can now be held directly responsible for tenant noise and disturbances.

The Double Bay Case

The case involved Jean and Anthony Whittlam, who endured five years of sleepless nights from the apartment above their Double Bay home. The property was allegedly run as a backpacker flophouse, with tenants shouting, slamming doors, playing music, and even kicking a soccer ball at 2am.

When repeated complaints went nowhere, the neighbours sought a noise-abatement order—and in a groundbreaking decision, the court served it not on the tenants, but on the owners: John and Sarah Hanna, landlords of over 100 properties in Sydney’s eastern suburbs.

What the Court Decided

Magistrate Harriet Grahame ruled that landlords are responsible when:

• They know about ongoing noise problems, and
• They fail to take reasonable steps to prevent or resolve them.

In this case, the owners could control who they leased the property to, the lease terms, and even make changes to reduce noise. By ignoring the complaints, they effectively “adopted” the problem.

The Consequences for Landlords

Anyone breaching a noise-abatement order can face:

• Fines of up to $5,500
• Contempt of court charges, which can even lead to jail time

This means landlords can no longer sit back and hope tenant turnover solves the issue. If you own a rental property in a strata building, you now have a clear legal duty to act.

Why This Matters for Strata Owners

For strata communities, this ruling is significant. Noisy apartments affect the quality of life for everyone and can lead to disputes, complaints, and even drops in property value.

Landlords must now:

• Be proactive in screening tenants
• Respond promptly to noise complaints from neighbours, strata committees, or strata managers
• Take action to enforce lease terms or end problematic tenancies if necessary

Recent changes to tenancy laws also give landlords more control, including the ability to demand written consent before tenants sublet—removing the excuse of “not knowing” who lives in their property.

Metro Strata’s Advice

At Metro Strata, we recommend landlords:

• Stay informed about who occupies their properties
• Respond to committee or neighbour complaints quickly
• Work with your strata manager to resolve issues before they escalate
• Consider lease conditions that address noise, subletting, and overcrowding

Strata living requires cooperation. This ruling reinforces that owners and landlords cannot turn a blind eye to how their tenants impact the community.

Final Word

Noise complaints are no longer just a tenant problem. With landlords now legally responsible, ignoring complaints could cost more than your reputation—it could cost you thousands in fines.