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hi drshelley,
Thanks for your kind empathy. Would you be able to elaborate a bit more on your past experience. Did you experience the same type of noise as we are i.e thumping/thudding and what was the outcome of your tribunal?
The whole thing has been taking a big toll on us. We dont enjoy being home anymore yet we cant sell the place and move on because it would cause a lot of other issues for us. What makes it more difficult in our case is that other neighbours are not willing to do anything or complain about these tenants. There was a lady in here before us and she used to complain to the next door neighbour(we learnt this only recently) about the noise but chose to do nothing. In these tenants’ argument we are being unreasonable because they’ve been in this building before us and had no complaints.
Anyway, we sent to their REA a letter last week warning him of further including legal actions on the landlord as Jimmy has suggested. No response from him yet.
The SM promised to send us the paperwork for the penalty application but so far we received nothing. Our phone calls to his office appeared to conveniently miss him all the times. He’s either out of the office or always on other calls.
Fair trading advised me yesterday that the REA is obglided to act if there are more than one complainants so I just sent copies of two letters I collected to him this morning. Are we correct in assuming the REA would pass all the information onto the land lord and he is fully aware of what’s going on in case we do take legal actions against the landlord?
However, the lady at Fair Trading told me it would be hard to deal with this issue if they blame it all on the kids because the running and jumping from kids can be considered ‘expected normal daily living noise’. When I disputed this, she corrected it as ‘running and jumping to 8.30 -9.00pm’. This seems to contradict on the response from the police to my enquries of what time noise can be considered ‘offensive’. I quote the police response below
Thank you for contacting the NSW Police Force Customer Assistance Unit.
Noise can be considered ‘Offensive’ at any time of the night or day. If you are being disturbed by noise that you consider to be unreasonable you should ring your local Police and ask them to attend and speak to the persons involved.
so anyone knows there is a quantitative definition of ‘normal living noise’?
Many thanks,