In recent Tribunal Orders, there has been debate in regards to cooking that leaves strong and lingering scents within properties exploring the balance between the landlords’ expectations and tenants’ rights around cultural cooking practices.
Within past cases, a landlord has lodged a complaint due to the persistent curry odour left behind by their tenants, prompting them to rent an ozone machine to neutralise the smell. The tenants, however, have defended their right to cook traditional meals suggesting that the landlord’s complaint was racially motivated. They raised the argument that during past inspections, no odour issues have been raised, likely due to the windows always being open.
The case was encompassed by the tenants’ right to “quiet enjoyment” of the premises, which guarantees that the tenants have the right to peacefully enjoy their home without unreasonable interference from landlords. Crucially, “quiet enjoyment” includes the tenant’s right to cook culturally significant foods without fearing repercussions.
The outcome of the Tribunal was in favour of the tenants. While landlords can expect their property to be returned in a clean state, eliminating all cooking smells is not a reasonable expectation. Thus, cultural cooking practices are an acceptable part of a tenant’s lifestyle and fall within the scope of quiet enjoyment.
Preventative Measures for Landlords
It is unfortunate that cooking odours are disregarded due to the tenants right to quiet enjoyment, despite this, landlords can still take proactive measures to mitigate or prevent strong food odours from ruining the property such as:
- Improving Ventilation: Installing or upgrading range hoods, extractor fans, and/or ceiling fans may help reduce the buildup of cooking smells. Proper airflow can prevent the odour from settling into walls and furniture.
- Odour-Resistant Paint: Odour-blocking or washable pain may help prevent strong smells from permeating walls.
- Cleaning Solutions: Regularly spraying walls and surfaces with odour-neutralising solutions between tenancies can help maintain a clear and fresh environment. Deep cleaning furniture such as carpets, curtains, and similar surfaces is also a good idea.
- Encourage Outdoor Cooking: If outdoor spaces within the property are available, suggest that tenants use outdoor cooking facilities/equipment for foods that may leave a pungent smell.
- Frequent Maintenance Inspections: Conducting regular inspections could help landlords address potential odour issues before they worsen.
- Air Purifiers: The use of air purifiers can help reduce smells and improve indoor air quality. This could be a less invasive option compared to other methods.
By taking proactive measures, landlords can avoid costly scenarios such as tearing down walls. It can also be a practical long-term investment for properties and future tenancies.
