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.
A letter before action is a pre-action document that warns the recipients, the Owners Incorporated / Management Office of a Building that if they do not discontinue the specified nuisance, legal proceedings will be commenced. In addition to serving as a formal complaint, this letter also serves as a notice to the recipients that if they do not fully compensate the particular losses and damages suffered due to the nuisance within a certain time period, legal proceedings would be instituted. As this letter is sent at the pre-action stage, it often helps avoid lengthy dispute or actual commencement of legal proceedings. It often allows the nuisance to cease prior to any legal action.
This document can be used to draft a letter before action/claim for damages, addressed to the Owners Incorporated or the Management Office of a Building. The letter can be used to request that the nuisance ceases upon receipt and for all provisional loss and damages suffered to be compensated in full before the specified date. It asks that the recipients admit liabilities otherwise legal action will be taken. The recipient will have to agree to the requests set out in the letter for legal proceedings to not be taken.
The user should include information such as the nuisance/noise, locality/location affected, the date the nuisance commenced and the provisional loss/damages. The damages should be specifically listed out as applicable.
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