A letter before action and claim for damages against the Owners Incorporated / Management Office of a Building regarding noise pollution / nuisance resulting from its failure to act.
Since the moving into the Property in or about [DATE], my family noticed that certain unusual sound (“the Nuisance”) came from the ceiling of the Property. After a throughout check, we discovered that such unusual sound originating from the operation of at least [NUMBER] unauthorized installations of water pumps and pipes of and in the common areas / rights of ways on the Roof of <? echo $BUILDING; ?> (“the Unauthorized Installations”), which locate nearly immediately above the master bedroom of the Property.
However, despite the aforesaid representations and warranties, nothing had been done by the management office to rectify / cure the Nuisance as aforesaid. Hence, we lodged a formal complaint to the Water Department in relation to the Unauthorized Installations in [DATE] and later on we were informed that the Water Department had written several warning letters to owners / occupiers as aforesaid for the removal of the Unauthorized Installations. The management office on [DATE] warranted that the Owners' Incorporated has lodged application to the Water Department for the installation of a New Water Tank on the Roof of <? echo $BUILDING; ?> therefore the Nuisance would be vanished after the installation of a New Water Tank and the Unauthorized Installations would be removed thereafter. The only solution offered to us was to sit and wait.
Under the laws of <? echo $JURISDICTION_STATE; ?>, it is an offence if a person at any time in any domestic premises does any of the following in a way which creates noise that is a source of annoyance to any person.
By reason of the Nuisance and the ignorance of complaints lodged, we have been put to considerable trouble and inconvenience. Needless to say, we have suffered serious loss and damages relating thereto.
Despite repeatedly complaints, requests and demands by us, the Nuisance has not ceased, we have no alternative but to move out of the Property on [DATE] and to rent a property in [LOCATION] at a term of at least [PERIOD] for a monthly rental of [MONTH].
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