Flat Chat Forum Neighbour noise Current Page

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  • #50735
    AvatarJoe50
    Flatchatter
    Chat-starter

     

    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…

    • This topic was modified 1 week, 1 day ago by .
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  • #50818
    AvatarDavid Ng
    Flatchatter

    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?

    #50796
    AvatarJoe50
    Flatchatter
    Chat-starter

    Jimmy T,

    I don’t trust them to have work carried out. They said they would have handyman come and fix it , but would refuse to confirm dates or timeline or receipts. And no inspection Allowed by me. I don’t trust them as there has been endless email table tennis due to the owners inaction..

    the real estate agent said  today talk to strata about this matter and there client won’t let me inspect the property eg inspect the cubbard doors, under the guise of Just delaying the inevitable eg “nothing will be done unless you take successful legal action , and I hope you forget about the noise“. The owner above me has no plans to voluntarily spend money to reduce noise unless legally forced to.
    All the polite steps have failed, and the real estate agent knows as does the owner it’s not a common property matter but an internal Lot matter..

    Very frustrating having a month wasted playing email table tennis with the neighbour above me not lifting a finger spending anymore to fix this noise problem unless legal forced to…

    NSW fair trading/and maybe NCAT are inevitable etc. Some people just aren’t flexible and won’t budge to fix a problem and spend there own money$ unless they are legally forced to..

    I feel like filing a civil suit to
    against this neighbor for pain and suffering and time wasted due to there inaction and refusal and fix the problem..

    • This reply was modified 6 days, 9 hours ago by .
    #50786
    Jimmy-TJimmy-T
    Keymaster

    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.

    #50774
    AvatarJoe50
    Flatchatter
    Chat-starter

    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 .

    #50771
    Jimmy-TJimmy-T
    Keymaster

    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.

    #50756
    AvatarBONNIE L
    Flatchatter

    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.

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Flat Chat Forum Neighbour noise Current Page