#13941
Jimmy-T
Keymaster

    Firstly, have a look at your building's by-laws which should have, at the very least, a clause about the peaceful enjoyment of your lot.  They may even have a section on flooring.  Failing that, the Strata Act has a section on 'nuisance'.

    Then go to your landlord and ask them to get involved as a matter of extreme urgency. They should, if they have any sense, help you with this – especially when you explain that the people upstairs have knocked about 10-20 percent off the value of their investment unit by rendering it uninhabitable.

    If they don't want to do anything, you have a choice – you can either go to the tenancy section of Fair Trading and get them to get your landlord to do something about it, or you can go straight to the strata section and take action against the upstairs owner and/or the Owners Corporation under either your by-laws or the strata laws.

    Have a look at THIS SECTION of this website to get an idea of how you should and shouldn't run your case.  And you might seriously consider talking to a specialist strata lawyer about what your options are.

    By the way, the first person who says, “this is apartment living, get used to it”, tell them 'Jimmy Thomson says you are a moron'.

    And smile.

    The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.