Reference no: EM132858953

Neighbours in dispute: Fact scenario

Alex Smith and Raja Feradi are neighbours, renting adjoining flats from their landlord, Jane Tough, for two and half years. They have lived in almost constant conflict the entire time. Recently, however, the conflict has worsened, and Alex has started calling the police to assist.

Alex is a writer who works from home during the day in the study, playing classical music to help concentrate. Alex has a manuscript due in 2 weeks' time. If Alex does not submit the manuscript on time, the publisher applies a penalty of $1,000 for every week that the manuscript is delayed. Alex has assessed that it will take another 4+ weeks to finish the manuscript if the constant noise continues. Alex is stressed. Alex wants to stay in the flat because the rent is so affordable. Alex is due to go on a holiday in 2 weeks and can't afford to cancel the trip. Alex has asked the landlord if the flat can be sub-let for the next two weeks (this way Alex still has money coming in to cover the rent of the flat), however the landlord has said no.

Raja is an electric guitarist who works in a band at night and practices at home during the day in his flat's lounge room or any room in the flat, depending on Raja's mood. Raja is happy with the flat and thinks that Alex is a self-absorbed pain who is not flexible to everyone else's needs, including Raja's creative genius. Raja's band has a tour in 3 weeks' time and then after returning from the tour Raja will be out of the flat in 6 weeks' time - for good.

The police have visited both neighbours on a number of occasions. They have warned Raja to keep the noise down but have also told Alex that there is nothing they can do provided the sound levels are kept at an 'acceptable' level during the hours of 7.30 am and 10 pm. Alex's and Raja's definitions of 'acceptable' differ wildly.

Both Raja and Alex have complained to Jane, the landlord, on numerous occasions, Raja about harassment and Alex about noise. Jane is tired of the situation (and not happy about the constant appearance of police at her investment property!) and has given them both an ultimatum -sort out the problem themselves within a month or both get out.