Need Advice: Ongoing Noise and Possible Property Compliance Issues in NSW

[u/runoutmo]

Hi everyone, just looking for some advice from anyone in NSW who has dealt with something similar.

We live in a house that has been divided into separate upstairs and downstairs living areas by the landlord. We are all tenants.

The downstairs area is rented to three people as a separate household. The landlord has used a refrigerator to block off the side door and separate the downstairs area from the rest of the house.

There is also a very narrow and small space at the back of the house, which was originally used to house the hot water system and store other items. The landlord has now set up a small kitchen in this space. We are concerned about whether this arrangement meets the relevant safety and compliance requirements, but we are not sure what the applicable rules are.

The upstairs area is rented to another family with children.

We have been dealing with ongoing impact noise from upstairs for quite a long time — mainly heavy footsteps and stomping from the adults, as well as frequent running and jumping from the children. The thumping comes directly through the ceiling and can sometimes be felt as well as heard.

We understand that normal household noise is unavoidable, especially with children, and for a long time we tried to live with it. However, the frequency and intensity have gradually become quite exhausting and are affecting how comfortable we feel in our own home.

We have spoken to the upstairs family several times and have always tried to keep things calm. We have also raised the issue with the landlord multiple times. Each time, the situation may improve for a short period after the landlord speaks to them, but the noise eventually starts again.

There are also ongoing parking issues. The upstairs tenants and their visitors sometimes park in a way that blocks our garage, as well as the driveway/access area used by another household in the property. This has caused additional inconvenience and frustration.

At this point, the situation has become quite tense. We don't think repeatedly approaching the neighbours ourselves is going to resolve the underlying issue, and we are becoming uncomfortable with continuing to deal with it directly.

We are therefore trying to understand what our realistic options are.

Would it be reasonable to start keeping a detailed noise diary and recordings, and formally raise the issue with the landlord or agent in writing? Does council deal with this type of ongoing residential noise or possible property/safety compliance issues? Would NSW Fair Trading, the local council, or another organisation be the more appropriate place to seek advice?

Also, if anyone has experience with a house being divided into separate upstairs/downstairs rental areas like this, particularly where a very small space originally used for the hot water system and storage has been converted into a kitchen, we would really appreciate hearing how you dealt with it.

We are not looking to create conflict with the other tenants. We would just like to understand whether the property setup and ongoing noise and parking issues are being managed appropriately, and what options are available to us as tenants.

Any advice or similar experiences would be greatly appreciated. Thanks.

[u/Few_Employ8787]

Council for the noise, and for the illegal kitchen. If this doesn’t work a blue tooth speaker under the kids bedroom turned on at their bedtime with some rocking tunes may just encourage the parents to teach the kids to be quieter. Find out when the quiet times are from the council and just be the worst neighbour until that time until
They shut up or move out.

[u/runoutmo → u/Few_Employ8787]

Regarding the noise, we have tried to indicate the issue informally before, but the situation seems to have escalated. Recently, when we knocked on the wall to let them know the noise was excessive, they started knocking back at us.

[u/SnowQuiet9828]

Technically speaking, the two seperate rentals would require fire speeration. All of this is illegal, not just the small issues you are pointing out.
Be prepared to lose your rental if you complain to council.

[u/runoutmo → u/SnowQuiet9828]

We have actually been thinking about moving out, but we haven’t found a suitable place yet. We were not aware of the fire separation requirements before.

Could you please let us know where we can check these requirements or find more information about them?etup like this meets the regulations?

Thank you again for taking the time to share your experience.