Joe50

Feb 2021 update,

My tribunal hearing is scheduled for early June-2021. As since the directions hearing I now have an  accoustic consultant and bookings he heavily booked. Then the respondent(landlord or owner) has four wks to reply.

The problem is the here and now with the tenants. The strata this wk said they won’t mediate when there is a dispute of this nature when it’s only between two neighbours, as opposed to a dispute if multiple neighbours were complaining about one neighbour Eg a party animal neighbour, who has house parties all the time…

It was disappointing the strata’s response, but probably predictable.. So these tenants are effectively continuing slamming the doors in there unit(and front door of there unit) as much as they like with no enforcement done, hence me being powerless to stop them… It’s all very frustrating.. With the front Lot doors, that is an OC matter, and I will table an item on the agenda for the next meeting in April-2021… But yes it’s very frustrating as it’s so time consuming, to actually solve the noise problem Eg a waiting game. The accoustic report will be comprehensive. I hope from that report, that NCAT rules in my favour and orders the owner(my upstairs neighbour), to make internal accoustic adjustments to his flooring(wood floors), and internal doors. Any ideas to mediate with the current tenants would be welcomed. Community justice mediation they would have no interest in I doubt(young guys early 20’s who like to party, I doubt they even heard of CJM).
But yeah a nightmare situation with the noise going on continuously and the strata refusing to mediate…

Update Jan-2021(NSW):

NCAT is now getting involved in my dispute against the owner(and his tenants).

NCAT has scheduled a “Directions Hearing” next week between myself vs owner of apartment above me.

Directions hearings seem a bit confusing to me, but it’s i think concerned with matters when one has to establish the facts then schedule a tribunal date, Im not sure 100% what dierections hearings mean but anyway.

What am I seeking:

1) Current tenants be evicted June-2021, when there lease expires(tenants are disposable, as the unit above has always found new tenants fast, as the apartment building is close to sydney CBD)

2)The apartment owner of that unit above me, then spend money on carpet replacing wood floorboards in lounge room. And carpet underlay be put under the carpet in the unit’s bedrooms. And pads be put on the cubbard doors of the bedroom doors..

3) A tap test by an accoustic consultant done to assess the impact-noise from the apartment above me(i don’t have a problem with the airborne noise).

I hpe I get the requests I want.

I will find out if other noise complaints when preparing my NCAT submission. I have a feeling no as I’m the unit below and have been here for over ten yrs, and strata rolls and strata agencies have changed in that time..

But now I’m a bit confused who to take to NCAT. As it’s noise from cubbards doors transmitting down into my unit, that I assume would be going through the ceiling wall. Would I be taking the owner of the lot or would I have to take the OC to NCAT? The door slams from the cubbard doors transmit down into my apartment… What I am seeking ultimately is soundproofing of the ceiling walls(my ceiling wall) as the noise is travelling into my apartment. There is no carpet underlay on the floors of there bedroom, I suspect it’s wood as the lounge room in the neighbour above is wood floor.

Agree with all that. And yes fair trading and maybe NCAT seem the only viable solutions as the noise hasn’t improved…

nugellbags,

what you on about no moral or legal obligation, and saying demand reciepts not gonna help. Excess noise is coming from the apartment, and breaching  by laws and disrupting my peaceful enjoyment.

And they lied about getting work done, I gave them one week and they still were inactive to fix it, this on top of two weeks before a new tenant. Of course i have  right to verify if reciepts are there as they made a promise and lied to fob me off..

I’ve now applied to NSW fair trading for mediation. The owner has zero interest to spend money on accoustic adjustments or tell his cash cow “the tenants$” to stop slamming doors as they don’t want to upset there cash cow the tenants.

Of course neighbours have a right to complain about door noise. And as for inspections and reciepts, why wouldn’t i as i don’t trust that Lot owner who has lied and has no intention to do anything voluntarily no matter what I do.

And the real estate is totally on the side of there cash cows the tenant and the landlord, as the landlord pays money to his real estate agent. The real estate agent has no interest in playing peacemaker, more like a trade union rep and 100% supporter of the landlord who is paying money to the real estate agency, as opposed to neighbours who are not giving money to the real estate agent.

The owner has no interest to make accoustic adjustments and spend his own money unless I take successful legal action against him.. He is uncooperative and not helpful and has no interest in volunatary mediation..

Just interested in taking money from the tenant and won’t rock the boat asking the tenant to stop slamming doors and breaching noise by laws while me the neighbour has to suffer from the noise problems.

David NG, you can’t breach noise by laws the end. eg door slamming is not acceptable..

Yes , I’m certain it’s coming from that unit. It’s directly above. The tenants are noisy yes. The owner agreed to via there real estate agent, to get a handyman to put some pads in at requested places . I then emailed them back asking what day will this happen and can I see reciepts. No reply for one for one week. I then message the agent saying I will take there client to fair trading as they haven’t agreed or replied to showing receipts or dates of when a handyman would come in. They replied saying they won’t correspond anymore on this topic and go through the strata. Nothing was ever gonna don’t unless I take em to NSW fair trading. They just strung me along for one month with false promises hoping I buzz off but no intention to spend money .