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On a previous thread on the NCAT forum, I relayed the following problem I was having:
Fast forward 3 months and I have received an NCAT notice to appear at a hearing she has initiated under the following orders:
The following document may be useful:
A few things come to mind:
1. Whatever the Strata Act says may be interpreted differently by different NCAT Members:
2. How long did the noise go on for? How many days? How many hours in the day?
3. How long did you propose she pay $500pw?
4. The fact that she stopped paying rent but returned to paying rent only after she rcvd the NCAT notice, will on the balance of probabilities be seen by NCAT as her complying with the term of the lease. Did she pay up all her outstanding rent? I had a tenant who refused to pay one month rent and was told by NCAT that so long as he was not in rent arrears by the end of the lease the tenant is in compliance with the terms of the lease.
5. Understand that many tenants (and for that matter landlords and neighbours) are opportunistic. It costs her $49 in NSW to apply to NCAT. In her mind the NCAT process has a good payoff: possibly:
#weeks of noise x $weekly rent (and maybe a small quantum of other costs), versus
(capped at) $49
6. How much $ is she seeking from you at NCAT?
The noise was probably going on daily Monday to Friday between 8am to 5pm on and off. I was sympathetic to my tenant and was willing to negotiate rent and backdate it so that it would apply for the whole of July and then for the whole of August until end of the lease.
I now have new tenants in the unit who are paying $750 per week and have not complained.
She is asking for around $6,000 as compensation.
My questions are:
How many weeks did the noise go on for?
How many of those would you say was LOW LEVEL noise?
How many of those would you say was MEDIUM LEVEL noise?
How many of those would you say was HIGH LEVEL noise?
Are you in NSW?
Did you in writing offer to lower the rent from $720pw to $500pw?
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