- This topic has 11 replies, 5 voices, and was last updated 12 years, 3 months ago by .
-
Topic
-
There is noise in strata units that is a difficult problem. I am referring to deliberate thumping and knocking over our bedroom coming from a neighbour above. This occurs in the early hours of the morning between 2.00 a.m. and 3.30 a.m. When they are aware we are trying to sleep in because they see our newspaper still not collected from the drive they then thump over our bedroom to deliberately wake us. This is in a two unit scheme. The noise is malicious because of a dispute over long overdue repairs and the dispute is still before the Tribunal. My lawyer has pointed out that taking the owner to the CTTT can be risky. This is because although the Tribunal should be making their decisions on the “balance of probability” they have in fact in many cases being making their decisions on the criminal “beyond reasonable doubt”. How do you prove the noise at those hours of the early morning? You need evidence of the noise. How can you ask your family or friends who all work come and stay and have disrupted sleep? As the noise is intermittent they would have to stay for a week at least. We have called the police in the early hours of the morning when the noise has been unbearable. By the time the police arrive of course there is no noise. The police do not want to know. They said they have “to hear” the noise before they can make a noise abatement order. The same applies to the local council. We are now considering hiring a private surveillance operative who will come and sit all night in our unit to make a record of the noise. This is going to cost thousands of dollars! We should not have to do this.
- You must be logged in to reply to this topic.