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Hi Jimmy, Scotlandx and excathedra,
You may recall a protracted battle I have had with the upstairs owner over a floating timber floor he had installed and the floor noise generated by his tenants military like exercises that last until the early hours of the morning.
Well the CTTT process may take considerable time, but in the end it can bear fruit. After gaining orders from the Adjudicator in January requiring the owner to rectify the problem, having the owners first appeal rejected in March, we have finally prevailed with a hearing that not only has reissued the adjudicators orders, but have also ordered him to remove the timber floor in all areas except a “kitchen”.
Thanks to all in the forum, especially those mentioned above, for your support during what has been (and will be until its fixed) a stressful and harrowing experience. Lets hope that he does the right thing and the matter is now about to close
Cheers!!!!
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Hi all.
I am sorry to hear about your problems as I have had so much stress with ours too, so I feel for you in your issue.
Here is a post I made on another flat chat forum which might be helpful to someone:
All the best with your situation.
I will be back at the tribunal with a penalty hearing if the respondents in my case don’t comply (again!)
Regards
Patricia
The orders to change the floor so that it was not “disturbing the peaceful enjoyment of a lot” (my lot), were pretty much ignored: the respondents put down a few mats in their apartment above mine.
I went back to the CTTT for a penalty application.
BUT I found a precedent on the Austlii website where a tribunal member ruled that an alternative to the original decision was appropriate under another section of the regulations.
AND as luck would have it, the tribunal member I was getting at the penalty hearing was the same person as had ruled the alternative in that precedent.
Wooppee. So I applied for an alternative ruling that the owners above had to install carpet with underlay, as in the precedent.
And in the time ruled by the tribunal, the carpet was laid and all is quiet…
It took 12 months of persistence and research, but it was worth it.
@andyj said:
In a post by Jimmy there was a reference to a district court case where a resident took the owner of a residence to the district court about a bunch of short term tenants partying all the time and got orders against the owner. Our lawyer was intrigued and would like to do the same. Can you please provide me a link to the case or article so I can pass it on to our legal team.
You’ll find it HERE.
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