Lazy landlord/lazy real estate agent

Add to that, statutory declarations (signed and notarised) from friends and neighbours who will say on oath that the noise is intrusive, plus any correspondence from the owners corproation records that suggest there have been complaints in the past.

I’m going to take a punt here and say it is the landlord that you need to take action against becasue, theoritically, they can address the problem by:

1) telling the tenants to behave or they will be in breach of the by-laws and could be evicted:

or

2) properly insulating the floor

or

3) both.

You could go after the tenants but then you’d have to prove that they were behaving unreasonably.

So go after the fact that there is too much noise and let NCAT  decide what the cause is.

The by-laws are less significant but they aren’t insignificant. They work, or should work, hand in hand.  If your by-laws demand a certain level of noise insulation in your flooring and the law demands that reseidents don’t be disturbed, the Tribunal has an easy avenue for resolution (Muppetry notwithstanding).

The significance of by-laws is that they deal with local conditions in a detailed way that can’t be dictated by state laws.  So it’s not one or the other, except where the by-laws of the building are clearly unfair or inadequate.

Joe50

at a directions hearing the judge will direct certain actions are undertaken by one or both parties in relation to the presentation of the case. You don’t argue your case at the hearing.

If this is the first direction hearing you will be asked , as the respondents, to submit to the court and the other party the basis for your case (I said, he said, I did, he did). You will be given a deadline to submit your version. The other party will be directed to do the same but only after you have put your stuff in.

If you have never done this I would engage a solicitor to help you prepare your submission. It needs to be in accordance with the Evidence act. If you muck up your submission will not be heard, you’ll lose the case and you’ll pay their costs.

Also the court can’t order the tenants to be thrown out if they are noisy.
You need to provide the acoustic report. You are the respondent and are responsible for proving your case.
Good luck that you got this far. I feel you are overreaching somewhat and consultation with a lawyer will help guide you for a better outcome

Hi Joe50,

You are basically going to mediation (and potentially further) to request another Lot Owner to spend considerable thousands of dollars- solely based on your person opinion/feelings. You really shouldn’t be so surprised that they are unwilling to do this. Would you? You haven’t stated you have record of:

1. Trying to resolve directly with the tenants directly. From this thread you went straight from upset to demanding new flooring and evictions;

2. You have no proof of the noise, or proof that it is pervasive/intrusive (only your opinion). Do you have recordings of noises? Any professional acoustic measurement? Any diary (which will have little weight as can easily be falsified)? A signed stat dec from another neighbour saying they are also affected? Any record of a flooring change or renovation application in the strata records? etc

The onus on proof is up to you. Best of Luck, but I’m pretty sure what the outcome will be. NB: I have previously taken my OC to NCAT about floor changes and noises- and won; so can speak with some modicum of experience.  Please let us now how you get on. This has been a super entertaining thread.