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  • in reply to: Loud neighbours/unsupervised children. #47658
    AnPo88
    Flatchatter
    Chat-starter

      Hi again.

       

      Quick update: after having received our notice tribunal notice, our PM contacted us. He says our LL is not permitting or causing the noise, so there’s no breach of agreement. That’s he’s exhausted all possible ways to solve this issue with no luck.

      This feels sooo annoying since there’s no clear indication that the LL as a member of the OC has the obligation to enforce the by-laws, it kind of overlap…

       

      in reply to: Loud neighbours/unsupervised children. #47613
      AnPo88
      Flatchatter
      Chat-starter

        Sure, I understand.

        Yes, we’ve gone ahead and applied for the tribunal to terminate our lease. Our hearing is on the 23rd this month.

        It’s just hard as every single time I ring Fairtrade I get pointed in a different direction. Anywhere from there’s nothing we can do to ending our lease, so that made me a bit insecure.

        Reading to other posts in the chat I saw one of the Tribunal terminating someone’s lease early due to renovations next door and, whilsts, they’re two different scenarios, made me realize this can be an option.

        I’ve also explained to our PM that I have a medical condition re something in my brain that requires me to prioritaze my sleep/stress level our I end up partially blind in one eye and lose vision. No answer. All I was asking him is to bring it up to the Committee’s attention, but he won’t push it forward…

        in reply to: Loud neighbours/unsupervised children. #47552
        AnPo88
        Flatchatter
        Chat-starter

          Hi Jimmy. It’s me again, sorry!.

          After having spoken to my partner about it, he left me wondering whether it is worth to go to Tribunal (ie. children running and stomping, mum screaming from the balcony and water thrown into our balcony at any time from 6 am to midnight)? In one side we are not taking our neighbors directly to the Tribunal, but our LL due to his inaction (not following up with the issue and not communicating with us), and in the other, our LL can argue that our PM has contacted Strata´s manager in three different occasions with no luck, is that enough grounds to get away with it?.

          Thank you once more!

          in reply to: Loud neighbours/unsupervised children. #47498
          AnPo88
          Flatchatter
          Chat-starter

            That makes sense Jimmy. I was wondering the same, too! – all we know about our LL is that they live in Hong Kong and have never dealt with him directly.

            I wish I had known about this before, we could have been out by now…

            Thank you once more. Really appreciate your input.

            in reply to: Loud neighbours/unsupervised children. #47479
            AnPo88
            Flatchatter
            Chat-starter

              Thank you Jimmy.

              I have brought it up before at the very beginning of these complaints, just to see if hat would make him more interested in working it out, but all he said is that our LL was not breaching the lease since he is not the one causing the noise and has not power over the tenants upstairs. However, Fair trade says that his power is to bring this up to the Committee, but all our PM has done is to email it to Strata and that’s all. No follow ups.

              In your experience, would that be considered the LL breaching the lease? – what our PM said got me worried.

              Also, what would happen if the tenants upstairs are gone by the time we get to have a hearing? Would that matter?

               

              in reply to: Loud neighbours/unsupervised children. #47445
              AnPo88
              Flatchatter
              Chat-starter

                Hi!

                Yes, we have tried in three different ocassions with no luck!. Almost reversing into the boy made me really scared and then mad when the mum didn’t care and they’re still let to run around alone.

                in reply to: Loud neighbours/unsupervised children. #47447
                AnPo88
                Flatchatter
                Chat-starter

                  Hi Jimmy.

                  Thank you once more!.

                  Sure, we’ll love to be out of thise nightmare. Today, I emailed our PM, and the two principals in charge asking them to provide a solution to this. I also asked for our LL to issue a letter to the Committee as a member of OC. I am waiting for their reply.

                  Last time we asked for it was back at the beginning of december and followed up a week after, but didn’t hear back.

                  Our PM said in his last email that it’s up to the Committee to reinforce the by-laws and that Strata doesn’t have to listen to him. Which left us wondering who or how would the Chairman be contacted? Would it be him? Or the Strata manager?.

                  Another question, if you don’t mind.

                  Can our RE/LL argue that they’ve done all they can (after 3 months) and that’s not their fault anymore, but Committee’s?

                  in reply to: Loud neighbours/unsupervised children. #47247
                  AnPo88
                  Flatchatter
                  Chat-starter

                    Hi.

                    Thank you so much for your very well informed response. Appreciate it.

                    We are tired of all of this back and forth with these tenants upstairs as they don’t seem to be surprised when we’ve spoken to them – once with a bottle of wine, chocolates and lollies for the children. She argued that since the building is made out of concrete, noise and fire shouldn’t travel through.

                    No one seems to care. This morning I texted the Secretary explaining that they’ve been really loud lately and the reason behind all my complaints (I have a brain and sight issue that leaves me blind from one eye if my brain vessels pressure the nerve and come with really hard headaches) and because of it I was instructed to prioritase my sleep. No answer. I asked for the notice to comply too.

                    Is there a way out of our tenancy? We feel our real estate doesn’t care! – despite always being on tike with rent, property still looking like new after 3 years here, reporting issues on time…

                    Thank you,

                    A very desperate tenant.

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