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  • #8660
    Jimmy-T
    Keymaster

      Here’s a story where I can’t decide whether the outcome is good or bad.  It started when a colleague’s mother’s upstairs neighbours lifted their carpet and polished their floorboards.

      Mum was suddenly assaulted by the sound of footsteps and other domestic noises that were only audible thanks to the removal of the most effective form of sound insulation between units – wall-to-wall carpet on top of a quality underlay.

      The by-laws were not specific about flooring but there was the usual ‘thou shalt not’ about disturbing the peaceful enjoyment of another resident’s lot.

      Mum had a good case to take to the CTTT to ask for an order for the carpet to be reinstated,  but no matter how strong your position, there’s still a price to pay that goes way beyond the cost of an application to Fair Trading.

      As you schlep around from mediation to adjudication to appeal and hearing, like a beggar going from door to door, there’s the time, emotional energy and legal fees if you want to increase your chances of success.

      And, given the unpredictability of the CTTT,  there are no guarantees except that this will cost you; the tribunal can’t award costs in normal circumstances and won’t, even when they are allowed to. Also, the adjudicator or member might decide that scattering a few rugs was enough (which it almost never is).

      So my colleague sat down with the upstairs neighbours, reasonable people who didn’t realise how much noise lifting the carpet would cause, and agreed with them that they would replace the carpet at his expense and never lift it again.

      But hang on, they are in the wrong and his Mum is definitely the victim, so why should he pay? Well, he would be the one paying the lawyers, turning up at the hearings, gathering the evidence and destroying what had been a happy relationship between his mum and the folks upstairs.

      It was easier and cheaper just to write a cheque for a relatively modest sum and make it all go away. Check out Hard Floors and Tough Decisions on the Forum for more tales of flooring  woes.

      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.
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