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hi everyone ,
im In NSW and am putting up with a lazy landlord/lazy real estate agent who are basically lying to me and fudging me off hoping I go away. I made a noise complaint about there tenants , and the landlord via the real Estate agent said they have a handyman coming and will put pads on the cubbards etc , and from now on not contact them and talk to the strata and building manager about noise etc.
Blah Blah, I then say okay can you confirm what date this handyman will be coming and I want the landlord to Agree to show me proof of receipts that work has been carried out and can you email me a copy of proof of receipts when work has been carried out.
Three days later , surprise surprise no email reply agreeing to my fair terms. Which says to me, the owner won’t spend any money on handyman unless he is forced to by a legal body eg Fair trading. As he hasn’t emailed me back agreeing to tell me the dates of this so called handyman coming and receipts.
I feel like also being in attendance watching the handyman carry out this work , but he will fudge away from that(there is no security threat To the tenants me watching the handyman put pads in etc). Just time wasting stalling tactics by the landlord hoping I just go away and adapt to the noise from door slams above.
Very frustrating when you try and be co-operative only to be fed lies and stalling tactics. So fair trading it is, and NCAT if possible. I feel like suing the owner above for pain and suffering eg time wasted doing all this…
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Hi there, You haven’t said how close these tenants/neighbours, are to your location. Also, have you tried asking the tenants, without being accusatory, that you are bothered, describing how bothered, by the noises that apparently seem to be coming from their spaces. Do you really know the noises are coming from these specific neighbours. (In a high density area, sometimes noises from elsewhere turn out as the problem.) If it is obvious it is your chosen source of noise, have you tried asking other neighbours whether the same noises are bothering them. Any of these measures ahead of a legal challenge may save headaches, time, and maybe unsuspecting people being threatened.
Do you really know the noises are coming from these specific neighbours. (In a high density area, sometimes noises from elsewhere turn out as the problem.)
This is a very relevant point and and a phenomenon I have experienced myself – I was complaining about noise from renovations I thought were happening in the unit above. But it turned out to be empty and the flat diagonally down one floor, below the one next door, was the culprit.
I highly recommend listening to our chat with Brent Clarke in a recent podcast, when he described how using WhatsApp helped to track down late night shower noise – and result in a fix. If nothing else, contacting people who have also heard and been disturbed by the noise can only strengthen your case if you do go to the tribunal.
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.
I want the landlord to Agree to show me proof of receipts that work has been carried out and can you email me a copy of proof of receipts when work has been carried out. Three days later , surprise surprise no email reply agreeing to my fair terms. Which says to me, the owner won’t spend any money on handyman unless he is forced to by a legal body eg Fair trading.
Or maybe they’re just responding (by not responding) to someone who is basically saying “I don’t trust you to do what you promised …”
Maybe dial it down a little and see what happens. If nothing, then maybe Fair Trading, or maybe a civilised chat with the landlord about their tenants … Noise is 50 percent behaviour … if everyone is annoyed at you, receipts aren’t going to make any difference.
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.
At the end of the day the only thing you’re allowed to ask for is for the noise to cease in a reasonable time frame.
Nothing else.
If I was the tenant or landlord I would be afraid of you and very quickly ask the OC to manage your complaint.
The tenant has the right to “quiet enjoyment” of their residence and it may be argued that you’re not allowing them to have that quiet enjoyment.
Look at it from their perspective; how would you react if someone demanded they be allowed to inspect your residence, watch tradespeople do work and then examine the receipts to see if they approved?
If you continue your current behaviour you may find out what happens when an AVO is issued against you.
If the tenant leaves and cites your behaviour as their reason for leaving, I wonder if the landlord could claim compensation for loss of rent from you?
“asking what day will this happen and can I see reciepts.” The Lot Owner above has no moral or legal obligation to allow you access, notify you when works will be undertaken, or show you receipts. I don’t know why you think this is reasonable. I would consider this request quite rude and aggressive. It is exactly because of your actions to date that they are now ignoring you.
Additionally your OP is not clear what the noise issue is. Is it that they ‘slam’ cupboard doors? or front door? Maybe pump the hate breaks and instead if insisting “something be done” ASAP and threatening legal recourse; go and have a polite chat with you neighbours. Tell them its disturbing you and you would be terribly appreciative if they could not slam the doors; and hand them a $5 packet of rubber or foam door pads from Bunnings. 99% of people, if an issue is made known to them (cause I can guarantee they dont know its annoying you), asked nicely, will do the right thing.
Joe50
I understand your frustration with the situation and the people involved. However as someone else pointed out demanding things to be done will only make it the other party try to frustrate you further.
Sure you have a right to peaceful enjoyment, but you are the complainant not the police nor the court. Its only the courts who can “Make” people do something.
If it’s a breach of a bylaw, ask the Owners Corporation to issue a breach notice to the tenant with a copy to the landlord. You will need to provide specific details of when these Breaches occurred. The breach notice is framed that way. If the OC refuses to issue the notice, you need to ask as to why. If it’s a lack of will on their part, then you can take the OC to the tribunal and
site section 132cite section 232(2), failure to act, and the ourt will make the OC issue the breach notice.NSW fairtrading is not a court. You can’t approach them to solve your issue. You need to approach NCAT. But be certain of what law you want to tackle the other party on. The courts don’t settle on moral grounds but rather in the law as written. Depending on which laws you claim have been broken, the court may recommand mediation. In cases of strata law that is usually the case.
If you want to try an informal mediation, the apply to your lo so Community Justice Centre. They can try to arrange mediation, but the other party is not obliged to accept.
You need to be prepared to play the long game here. If the troublemaker ignores your requests, then the legal route may be your only option. But be aware that it can get expensive if for example the other party engages lawyers to defend themselves. You stand little chance in a court running your own case against a lawyer (just because of the processes in courts).
And the legal route will take sometime. Due to Covid 19 the courts at the moment are only hearing urgent cases, and there is a large backlog to work through when the courts fully open. Don’t expect to be in a court till next year.
Maybe a more humble approach to the tenant/landlord will get them to reconsider your requests in the meantime.
NSW fairtrading is not a court. You can’t approach them to solve your issue. You need to approach NCAT.
Just to be clear, Fair Trading is not a court, true, but it can resolve issues by mediating an agreement between two parties to find a mutually agreeable resolution.
Critically, in most circumstances you have to apply for mediation at Fair Trading before you can apply for orders at NCAT. An individual owner seeking orders against another owner or their tenants (under section 153) would definitely require an application for and attempt at mediation which you would have to attend although the respondents can choose not to.
As Kaindub said, this is not a court, however attempted mediation is a necessary prerequisite for seeking orders at NCAT (in most circumstances).
The section cited for taking your strata committee to NCAT for failure to act is section 232 (2).
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.
As much as I loathe the “this is an issue between two residents” excuse for the owners corp not getting involved, I suspect this is one of those rare cases where that’s valid.
It seems like common property is not involved and it’s hard to divine what by-law has been breached.
That’s not to to say you don’t have a case, just that the owners corp doesn’t really have a dog in this fight.
The positive aspect from your point of view is that it has previously been established in a NSW court that the landlord has a responsibility for the behaviour of their tenants.
Record the door slamming, then present Fair Trading and NCAT (if it ever gets that far) with the evidence.
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.
Joe 50
When you go to NCAT you need to be armed as follows
1) The law or bylaw that is being broken. Courts don’t adjudicate on grievances alone.
2) You will need your own noise report carried out by a recognised professional (an acoustic engineer) . Again the courts are loathe to entertain arguments that its noisy. As an earlier email said, noise is subjective. get your report together; spend the bucks.
(the court may award you your costs if you win, but its not guaranteed, and you never recover all your costs – you will be out of pocket)
Its up to you as the plaintiff to prove your case; the other party is entitled to argue otherwise, but in the court you go first.
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