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  1. #1
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    Default Rental advice

    I live in a 9 unit complex, with 1 unit on the bottom floor and 2 on every level above that. We've been here 1.5 years and while there's always been some noise, it's during the day/intermittent/acceptable.

    2 weeks ago we had new neighbours move into the unit above us, and since then the noise has been non-stop. I have a new born (5 weeks) who doesn't sleep, and my husband says it's not us keeping him awake over night it's the neighbours.

    While the unit is only 2 bedroom, they are always 5-10 people there. They are generally quiet from 7am til 3pm but then they are extremely loud with laughing/talking/music/instruments/car noises.

    I'm not exaggerating when I say they're still going at 5-7am

    I'm not sure if it's a cultural thing, it's always men and I'm not sure where they're from but they speak a different language.

    What can I do? I'm not comfortable DH or I going to talk to them as I'm home alone all day, and it's a bunch of loud guys and that worries me. I've put in 3 noise complaints to the police but they've never come out. I've emailed our agent twice now and left a message to call me back regarding the body corp contact to complain but my agent is useless and hasn't responded.

    I'm already at my wits end with a baby that doesn't sleep and now when I finally do get him to sleep, I can't sleep myself due to the constant noise. To add, it's not to drown out baby noise, as while my baby doesn't sleep, he tends to grizzle/cries quietly or just sits there awake. You can't hear him from a different room so I doubt you could hear Bub in another unit. I'm very conscious of the noise we may make.

    Could I write a letter and put it in their mail box? If so what would I say?

    Can I break my lease due to noise?

    I'm honestly at breaking point
    Last edited by Thescientist; 15-02-2017 at 16:52.

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    Default Rental advice

    Do you know if they rent it? If you know the agent or you can ask your agent for the strata managers details and put a complaint in about noise as there are restrictions - its better and more formal coming from an agent - technically your entitled to "quiet enjoyment " as part of your lease so if you've had no luck with written complaints then you try get out of your lease ( if the landlord won't agree you can go to tribunal and they should be fine as long as you can prove you've done everything you can to try rectify it and keep documentation on the dates and times of the noise)

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    Call the council and see if you can make a complaint with them. They are more likely to take action. We own and a neighbour rents. They were making SO MUCH noise. We complained to the agent, but the tenant lied and said it wasn't them. They kept making noise so we took it up with the council and they said they would investigate. We let the agent know what was going on and made a few threats (legal ones). They still make noise, but keep it quieter and not til 3am in the morning anymore so we're good. Sorry for being a bit vague. Also called the cops one night 3 times and no show.

    Write an email to the agent if they rent and tell them if they don't sort this out now, you will take legal action against the landlord. Call the council and see what they say...not sure how they handle Strata.

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    I would try and find out firstly if they are renters. You might be able to find this out just by googling the property address. Find out who their leasing agent is and complain to them in writing - if you don't hear anything back, follow up with a phone call.

    Secondly I would keep emailing your agent about the issue so you have evidence in writing that you are unable to have quiet enjoyment of your property due to these neighbours.

    I would honestly not want to tolerate that kind of disturbance. You could try putting a letter in their mailbox asking them to be more considerate of their neighbours, but I have a feeling they're probably the types who just don't care and won't modify their behaviour.

    I would willingly break a lease to escape terrible neighbours, but I'd make sure I had evidence in writing that I'd attempted to seek assistance from the agent/s involved first.

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    Is it possible the new tenants(?) upstairs just aren't aware of how sound travels between the apartments? They may not be used to apartment living or the impact it's having on you. your DH or you could knock on the door once and just let them know it's a problem and ask if they could keep it down. Then I would email your agent to inform them that you've done it, including date and time and exactly what was said, including the response.
    I used to live in a very quiet street, until a large family moved in next door. There was noise and celebrations until all hours. We let it go, getting more and more frustrated until my DH growled at them over the fence to say keep it down.
    The following day there was a card and a box of fruit and veggies. They were so apologetic. They had no idea how the noise was affecting us.
    Your neighbours might not be so easy to deal with but it might be worth a try. If you're not comfortable doing it, which I understand, maybe your DH could when he's at home?

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    Default Rental advice

    I've had a similar experience and didn't know my rights at the time! The noisy neighbors rented from the same agent so I could have done something about it. I talked with them, no change so resorted to calling the police - again no change even when the police came!

    There's something in the tenancy act about noise and disruptions etc. but it's only when the landlord has something to do with it or owns the other apartment.


    I put up with sub woofer music about three nights a week to about 3/5am and it was hell!! Made me into a crazy lady!!

    I would def write them a note, don't say it was from you if you feel too vulnerable.

    If that does nothing then definitely call the police and explain your situation. You may have to cal several times. They rarely come to a noise issue from one complaint.

    You could have some luck contacting the tribunal if this doesn't work and yes I would think you could terminate because of this - but make sure you let the agent know ASAP so their is documentation.

    Some more info here (there's one for each state)

    http://www.tenanthelp.com.au/wa/Priv...uietEnjoyment/
    Last edited by mummanow; 16-02-2017 at 19:19.

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    It sounds like you are going through a nightmare. All while trying to cope with a newborn!! I highly doubt they own it. Sounds like they sleep all day and play music and party all night. I wouldn't be talking to them directly. I'd be documented all complaints and I'd keep calling the police. I thought the limit for party's was like 11pm or something. Ring your agent and pester them until you know for sure the owner had been contacted. How long is it until your lease runs out?

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    Default Rental advice

    Just an update! Finally got hold of my real estate agent and she contacted the body corporation. They are only renting, so they'll be getting a breach for excessive noise

    Woop!

  9. The Following 6 Users Say Thank You to Thescientist For This Useful Post:

    Lil Smurfy  (18-02-2017),mint80  (18-02-2017),Mod-Degrassi  (18-02-2017),mummanow  (20-02-2017),pointless1  (18-02-2017),WinterJade  (29-06-2017)


 

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