#50893
kaindub
Flatchatter

    Joe50

    I understand your frustration with the situation and the people involved. However as someone else pointed out demanding things to be done will only make it the other party try to frustrate you further.

    Sure you have a right to peaceful enjoyment, but you are the complainant not the police nor the court. Its only the courts who can  “Make” people do  something.

    If it’s a breach of a bylaw, ask the Owners Corporation to issue a breach notice to the tenant with a  copy to the landlord. You will need to provide specific details of when these Breaches occurred. The breach notice is framed that way. If the OC refuses to issue the notice, you need to ask as to why. If it’s a lack of will on their part, then you can take the OC to the tribunal and site section 132 cite section 232(2), failure to act, and the  ourt will make the OC issue the breach notice.

    NSW fairtrading is not a court. You can’t approach them to solve your issue.  You need to approach NCAT. But be certain of what law you want to tackle the other party on. The courts don’t settle on moral grounds but rather in the law as written. Depending on which laws you  claim have been broken, the court may recommand mediation. In cases of strata law that is usually the case.

    If you want to try an informal  mediation, the apply to your lo so Community Justice Centre.  They can try to arrange mediation, but the other party is not obliged to accept.

    You need to be prepared to play the long game here. If the troublemaker ignores your requests, then the legal route may be your only option. But be aware that it can get expensive if for example the other party engages lawyers to defend themselves. You stand little chance in a court running your own case against a lawyer (just because of the processes in  courts).

    And the legal route will take sometime. Due to Covid 19 the  courts at the moment are only hearing urgent cases, and there is a large backlog to work through when the  courts fully open. Don’t expect  to be in a court till next year.

    Maybe a more humble approach to the tenant/landlord will get them to reconsider your requests in the meantime.