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[andyj]

Hi drshelley, PatriciaSC and gurus,

 

Last year after a protracted period of successful adjudication, appeal by owner and finally prevailing at the tribunal. I managed to get the owner to remove the floorboards from the living and bedroom areas of the unit above.

Despite a prior agreement between us to also have the floorboards removed from the mixed dining/kitchen area, the upstairs owner reneged on the deal at the final tribunal hearing.

He has installed cheap carpet and cheap 5mm underlay. Although the noise from the now carpeted areas has gone from what one visitor described as “horrific and audible from a neighboring country” , to simply annoying, I still can hear the tenants thumping on the floor for much of the morning and evenings. The sound is best described as a deep drumming thud.

The mixed use kitchen/dining area is as noisy as ever.

Since he has installed carpet I am assuming my chances of getting a penalty would be unlikely (comments welcome).

The Tribunal member said that I would have to put in a separate application for adjudication regarding the mixed kitchen dining area. Do I need to go to mediation again with the owners.

I have tried to have a nice chat with the tenants with 2 other owners present (who supported my claims of continuing noise). However the tennants said that they were not making any noise and were always in bed by 10pm (a blatant lie as we can see their lights on every night until well after midnight).

My next door neighbor also said to them that she was in my unit 10min prior and could hear the thumping, which they denied

drshelley you mentioned a minimum standard mandated by the AAAC which I would be delighted if you could share with me. As we are experiencing similar noise issues I would be delighted if we could share information offline such as our adjudication orders and tribunal orders as well as any other advice.

Jimmy can you please share my email address with drshelley

Cheers

hanging in there for a harmonious outcome andyj