2021 evicting tenants NSW

Feb-2021 NSW only,

I’m in Sydney and my neighbours above drive me crazy. They are hostile when confronted about requests to make less noise Eg door slams etc.

Me and the owner are going to NCAT, to negotiate costs about spending money on accoustic adjustments in his apartment.

I could be wrong , but it seems NCAT doesn’t have the power to evict tenant neighbours , even if they are breaching noise by-laws or being hostile. How can I evict these noisy tenants(if the owner refuses to), who I believe are breaching the strata plans by laws/and nsw strata magenment schemes laws Eg nusicance.. Can you go to court in nsw to evict tenants if the owner refuses to evict them?

 

How old is the building? I'm curious about vertical sound noise relative to building type.

 

No. But you might have a civil claim against the neighbours, and/or possibly against the owner for not doing anything about their tenants. You'll need legal advice.

 

1960’s high rise building.. The walls are not very high. Twenty levels cramped in..

 

The police I have had to call a number of times. They said if they continue to be hostile you can apply for an AVO etc. Can police evict tenants if tenants threaten the safety of neighbours Eg threats of physical violence etc .

 

It's a rigid structure, f@rt on Level 1 and you'll hear it on Level 15.

 

Oh dear,
I lived in a 1960's paradise, and the walls were made of card board..
with asbestos ceilings..
sorry I cant help but I can commiserate with you

 

Can you post an example pic of what one of these "rigid structures" looks like? I'm really keen to learn more about different apartment types.

 

Eviction for noise isnt a remedy to a neighbour in NCAT or any court.

Noise complaints could result in council or Police acting to enforce noise laws. But you will struggle to convince either of them to pursue a court action even after a lengthy period of non-compliance with orders. Court is expensive. Councils cant afford it. The owner of the premises may evict out of frustration if the process is followed but its not going to be quick and police and council wont accept doors being slammed as offending noise. Its more nuisance noise. Nuisance is highly subjective. You may be irritated by this but its doesnt mean its nuisance.
eg A local school plays a short piece of popular (non offensive) music for 10seconds several times a day to indicate recess/lunch etc times. Its audible to some neighbours as its played over speakers. A cranky old neighbour hates the sound. Its audible but not loud. Its brief. Its not offensive noise. is it a nuisance ? No. Its just a annoyance to one neighbour. However the neighbour decides to act and show his displeasure to the decision. He jumps in his car each time and sits on his car horn for twice as long as the music. Many neighbours complain about that neighbour. His noise is offensive and a nuisance. Under Reg 224 of the Road Rules 2014 (NSW), Police tell him if they receive another complaint he will be fined.

The best courses of action may need legal advice.

Is then noise issue something YOU are sensitive to rather than all neigbours ? I have a neighbours who is learning the drums. Its loud and terrible. But is brief and in mid- daytime on weekends for brief periods of 15-30mins. Its like a mower. Not greatly different. Do I complain to the neigbour when they mow ? No. Same with drums.

 

How often are doors slamming? Is it when they are fighting or something?
Is it 'booming' because of hard surfaces?

 

Move.

NCAT are a chocolate wheel, in my experience, and can only issue an order for the neighbours to comply with the noise by-law. And if they don't, go through the process again.

You will need corroboration and detailed logs. The strata committee might be able to help you, but the time and expense can be excessive, however they have an obligation to resolve the issue in a timely manner.

 

Getting even your own tenants evicted for noise, let alone other people's, is a long and frustrating road.

Have you discussed with your strata manager? Have other people in the building raised any concerns? If they are breaching by-laws then a breach letter could be issued.

Do those tenants have a property manager? I would then be raising this regularly with them.

I think if you can apply pressure from the PM, strata and police, hopefully eventually they will get fed up and move.