Houss Rental: 5ive on Thirteenth Lifestyle Apartments - Noise complaint ignore by management despite the rules being clear.

Poor applications of the rules at 5ive on Thirteenth Lifestyle Apartments. I sent an email to the complex management complaining about noise, this is the email I send and the response I got.

Complaint email sent to complex management: Hi Charles

Please find attached herewith the recordings as referenced below.

@Stefan and @Vuyo, I am coping you on this email so that you understand my reasons for applying to move from my current apartment to the 3rd floor one. Charles is also aware of my request to move. Please help prioritise.

On the 12th May 2026 at around 16:15 pm, I called Brian to complain about the noise I heard which seemed to come from my neighbour above. He advised me to record the noise and call security when the noise happens again.

On the same day of the 12th May, I made intermittent recordings of noise which seemed to be coming from my upstairs neighbour around the following times: a) 18:42 - file name XX-3L 1.M4a b) 19:12 - file name XX-3L 2.M4a c) 20:49 - file name XX-3L 3.M4a d) 21:04 - file name XX-3L 4.M4a e) 22:15 - file name XX-3L 5.M4a

On the 13th May, at around 8:40 I called the security and Patrick came. He knocked at my door and I opened and let him come inside. While he entered the apartment, he could immediately hear the sound which seemed to come upstairs and he went upstairs right away to enquire. He came back a few moments later and said to me the guy said he was sleeping and that he did not make the noise. Patrick said to me he would come back the next day at 6pm to monitor but he never did.

Despite Patrick's inquiry, the noise continued. I recorded some noise activity around 21:40 ( - file name XX-3L 6.M4a) on the same night of the 13th.

I also recorded some noise which appeared to be ***ual on the 15th May at around 23:35 ( - file name XX-3L 7.M4a).

On the 16th May, I called you to report the issue but you said you were not in the office and we should talk about it Monday.

So, on the 18th I went to your office to report the matter and made you listen to the recordings I have mentioned above. I informed you that Patrick came and heard the noise himself. But you said Patrick never reported the matter. You then said you will talk to my neighbour and feedback to me.

I recorded another noise incident on the same night of the 18th at around 22:10 ( - file name XX-3L 8.M4a).

On the afternoon of the 20th May, after not hearing anything from you Charles, I went to your office but it was closed. As I was leaving, I saw you by the security and I waited for you to come out. We talked and you gave me feedback which essentially said my neighbour denied it was him. Patrick came toward us as I was chatting to you and he confirmed what happened when he visited the apartment to enquire about the noise.

On the same morning/night of the 20th, I recorded some activities at these times: a) 6:06 am - file name XX-3L 9.M4a b) 22:30 - file name XX-3L 10.M4a c) 22:43 - file name XX-3L 11.M4a d) 22:48 - file name XX-3L 12.M4a e) 22:50 - file name XX-3L 13.M4a f) 22:59 - file name XX-3L 13-1.M4a i) 23:02 - file name XX-3L 14.M4a

On the same afternoon of the 20th after talking to you and Patrick, I came to my apartment at around 16:00. I heard some activities above again and asked you to personally come and hear, but you said you could not but you would send Patrick. Patrick went to my neighbour and reported to me that he heard the noise and my neighbour admitted that it was him as he was cleaning. The reason I asked you to come Charles was to eliminate the perception that the noise might be coming from anywhere else but my upstairs neighbour. I am saying this because he denied making noise, hence wanting you to hear it yourself, it was not because I had a problem with the noise at the time but to prove that the noise came from upstairs. Patrick informed me my neighbour said I should come talk to him about this, which I did. I explained what I hear and that he might not be aware he is making the noise. He seemed to be surprised. The noise continued in the night of the 20th and hence the recordings as stated above.

My concern is majority of these noise activities are coming from my bedroom side which is the time I need my rest and peace. So, the noise can not be coming from any other apartment but above mine as there is a road next to my bedroom and my neighbour's. So, it is not possible that these noise could be coming from any other apartment but the one above mine.

Please note, I am aware of the nature of shared spaces and I don't mind the noise provided they are done within the lease rules. I have other neighbours who play music around my apartment but never complained because they are doing that within the rules in my opinion and the noise is not a nuisance.

I don't think I am being unreasonable in demanding that my interest are protected as much as my neighbours so that we can both enjoy our stay, hence the request that the rules around noise; section 8:20 at large but in particular sub sections 8.20.1, 8.20.3.1, and 8.20.3.2 should be observed.

Charles, thank you for listening to me and the recordings I made and also being sympathetic to me when I visited your offices on the 18th May. Can you please advice when I should expect your response on my complain and what is the next step forward on this?

Regards

Response I got from complex management: Hi Mpho

Thank you for the below.

The recordings of sounds have been heard. Based on our building setup, such sounds will always be available. As per our estate rules, the below noises are classified as transgression, and the culprit can be issued with a written warning even fines if there is no compliance. The reason being it can be recorded from outside the unit door as supporting evidence for a transgression.

8.20 Noise

8.20.1 Human noise, pets noise or the use of radio’s, TV’s, musical instruments and other sound producing devices shall not be

made in such a manner as to interfere with any tenant’s enjoyment of his or her unit or of the common property at anytime.

As for the incident of the 20th of May, the security report was completed, and the tenant from 4L was found to be cleaning his unit, and it was in the afternoon around 4 pm.

I would agree with the suggestion for Stefan, maybe to consider applying for internal move in the future.

Regards Charles

I have escalated this complain to Simukeliso who is Charles' manager, I sent the email on Thursday the 28th May 2026, and still waiting for her reply.

Below are the Noise rules which this complaint is based on. This is the section that is at play in my opinion "8.20.3 Silence must be maintained as follows:" and Charles got is totally wrong.

8.20 Noise 8.20.1 Human noise, pets noise or the use of radio’s, TV’s, musical instruments and other sound producing devices shall not be made in such a manner as to interfere with any tenant’s enjoyment of his or her unit or of the common property at any time. 8.20.2 Automobile hooters and alarms shall not be sounded on the common property at any given time, nor any loud music / radio or any other sound producing devices. 8.20.3 Silence must be maintained as follows: 8.20.3.1 Friday and Saturday: between 22h00 and 09h00; and 8.20.3.2 Sunday to Thursday: between 20h00 and 07h30. 8.20.4 Tenants and occupiers are to ensure that they do everything in their power to limit noise levels. 8.20.5 Tenants and occupiers are advised that should they breach these rules, a fine will be imposed and raised against the tenant’s rental account. 8.20.6 Pets of tenants, occupiers and/or their visitors which cause a noise disturbance at any time during the day or night will result in a fine being imposed and raised against the tenant’s rental account. 8.21 Signs and Notices No tenant and/or occupier of a unit, used for residential purposes, shall place any sign, notice, billboard or adverti*****t of any kind whatsoever on any part of the common property or of a unit, so as to be visible from outside the unit, without the written consent of the landlord first having being obtained.