Tenancy Issue - Enquiry to owners -

[sk280]

Hello All,

I'm currently renting in Sydney and am faced with a neighbour issue that is driving me nuts. Apologies in advance if this forum is not appropriate for this query. I'm posting this here to get the advise of owners and property managers.

My wife and I live in this 2 bed first floor unit with parquetry floorboards without carpets. We have a neighbour downstairs (single woman in her mid-forties, she owns her unit). Ever since we moved in, after 9:30 pm she begins to bang on her ceiling (our living room floor) even when we talk in normal conversational tones. She also bangs when we have our TV on at normal volume (barely audible) after 10:00 pm. Once late at night, when my wife and I were talking in our bedroom she started banging and yelling us to shut-up. It was audible for us to hear. Initially we introduced ourselves to this neighbour and tried telling her that we were doing our best to keep it down. She suggested that we install rugs as our floors were not insulated. Being tenants and having a dislike for rugs (allergies/health issues), we are not in a position to buy expensive rugs.

This has gone on for around six months now and we are so frustrated. We hardly have any peace. We have tried talking to her but she yells and swears at us often with malicious intent. Complaints to the owner of our unit has not helped either. After much complaining, our unit owner has agreed to let us terminate the lease (5 months still left) on the condition that we pay 1 weeks rent + advertising charges & give 3 weeks notice. Left with no other option, we have agreed and have started looking else where. Strata is suggesting mediation in the event of us deciding to stay. Our agent suggests that we either ignore the neighbour or try talking to her politely.

We have been regularly sending emails to our property agent with details of each intrusion by this neighbour. We have also severely compromised our lifestyle (no tv in the bedroom, stopped entertaining guests for dinners, limited tv watching at night) just to maintain peace. After a long and hard day, I cant relax in my own home. I cant bring myself to fight a woman. My wife suggests that I ignore her completely and get on with our lives. My wife and I are a very quite couple, who pay our rent on time and just want to get by.

I would appreciate advise and help from you all in dealing with this situation.

Thanks,
SK

 

[alexlee]

Just move. It really isn't worth it. Unfortunately there will be people like this in the world.
Alex

 

[skater]

It would be interesting to find out if she did that to all previous tenants of your unit. Is this why the landlord has let you terminate your lease early?

You are legally entitled to quiet enjoyment of your rental property. I don't know what the answer is, but I don't think I would change my lifestyle to suit someone who wants to be a trouble maker. If you are not making undue noise, then I would just ignore her & go about your day to day life including having dinner parties & TV in the bedroom.

 

[pi2012]

Completely agree with Skater. I won't change my lifestyle to suit someone else's. She need to get a life. I would continue to rent the place and fight back that women. If your noise levels is legal, she needs to learn to live in this society.

 

[skater]

Not really relevant, but.............If she expects absolutely no noise from the neighbours, perhaps she should have bought a house, instead of a unit. Even then, we have crappy neighbours across the road who play their music so loud that it can be heard above our TV, inside with all the doors & windows closed.

 

[sk280]

Its kinda hard to ignore somebody who knocks on your floor, yells. Our noise leves are absolutely legal. No stereo, no music. Only TV and normal conversation.

BIG reason never to sign a 12 month lease.

Thanks for your replies.

 

[s_t]

The comments above are true, but that floor must almost be made of paper for the noise to transmit through it as easily as described! I wouldn't be putting up with it - I'd be moving out to a better constructed dwelling whether I was in the top or bottom unit........

 

[Ajax]

Maybe go downstairs into her unit when your wife is walking around upstairs and the tv is on. Did this once when a neighbour (unit below) to a friends rented unit complained about the noise from people walking around upstairs. I was amazed how much noise came through and I could then understand the neighbour complaining. Sometimes the amount of furniture and furnishings you have in your unit will affect noise (if there is next to none there will be little muffling of the noise and the unit below will hear a lot more).

Polished floorboards/parquetry floors may look great-but sound insulation between floors in some old buildings is very poor. I feel sorry for all concerned (remember as an owner occupier she may find it more difficult to move than you will).

Although I am on the top floor of an apartment block it is still a bit noisey on weekends. I wear earplugs (the putty type ones) when I sleep-this keeps a lot of noise out. Maybe the lady below could try this.


Ajax


P.S. My pet hate is baketball hoops/backboards in neighbouring properties. Here's a property I would not buy to live in for this simple reason (even though it will sell for around $1m).See the third picture down

http://www.realestate.com.au/cgi-bi...r=&cc=&c=51428243&s=nsw&snf=ras&tm=1201842439

 

[sk280]

You have a point Ajax. The building quality is really poor and its about 20 years old. I wish she would talk to us, then we could go and find out how much noise is coming through. Unfortunately though, she is one of those really rude people and loves to slam her door on our faces when she sees us going upstairs. She yells, curses, swears, that sometimes I feel sorry for her only I can't as she directs all of her anger at us

 

[steveadl]

You have a point Ajax. The building quality is really poor and its about 20 years old. I wish she would talk to us, then we could go and find out how much noise is coming through. Unfortunately though, she is one of those really rude people and loves to slam her door on our faces when she sees us going upstairs. She yells, curses, swears, that sometimes I feel sorry for her only I can't as she directs all of her anger at us

Won't be exactly the same as your apartment, but do any other apartments on your floor have the same floors? I'm sure not everyone can be as unfriendly as your downstairs neighbour - perhaps someone else will let you in for a sound test? Or just ask the other neighbours downstairs if they have issues with noise coming through.

Having said all that, I'd probably just live the way I want for the remainder of the lease, and move at the end (or use the get out clause you've negotiated with the LL). Life's too short to put up with idiots!