#18919
Whale
Flatchatter

    henrietta – thanks for the additional details, and by all means speak with you solicitor, but there are in my opinion better ways for you to try to resolve the noise issues (again).

    Firstly, as the noise from the “drunken, noisy parties” is affecting your tenant, they (not you) should, albeit with your encouragement and advice, avail themselves of the remedies available to them under the NSW Protection of the Environment Operations Act; sounds like a convoluted mouthful I know but it’s all HERE.   

    Secondly and as Tenants too are required to comply with your Plan’s By-Laws under a standard condition of their Lease, you as the Owner should approach your Strata Manager with a request that they immediately:

    1. Contact the noisy tenant’s Property Manager (Rental Agent) and advise them that they’re issuing their tenant with a Notice to Comply with your Plan’s By-Law relating to noise, and;
    2. Copy the Owner of the upstairs Unit, and also inform them that once notified, there’s a legal precedent that can make them as responsible for their tenant’s noise as would be the case if they themselves made that noise. 

    In that way the Police or Local Council Officers can deal with your tenant’s issues, if necessary by a Noise Abatement Order upon the upstairs neighbour, and you can with the assistance of your Strata Manager (as you’re interstate) concurrently proceed down the formal mediation path offered by the NSW Office of Fair Trading (HERE), and if necessary progress those via the NSW Consumer, Trader, and Tenancy Tribunal (CTTT) Strata Division (HERE).  

    I appreciate that you’re interstate, but your Strata Manager is paid to assist in the manner suggested, and whilst that may legitimately result in a Fee to you as the Owner involved, and you may have to attend some CTTT sessions yourself, if you want the issue resolved …….