Breach of Contract - Friend Lease Property but Property Not Sanitary

[ever8]

My friend took a lease on a rental but after collecting the keys to look it over before moving in ,she found the place smelt foul and she and her small son both asthmatics began to wheeze badly .She contacted the agent to tell him that the home smelt foul and it had triggered an asthmatic episode in both and couldn't move in.The agent said its the wet carpet and it would go away

They had to move from one property to the next in that weekend as the lease on the other expired and the owner wouldn't extend the time frame.They found other to move into on the Monday but the agent said they were breaking the lease and would have to pay relisting fees etc.

They have 4000 dollars of her money for a months rent and bond but want more to relist .
The tenancy union say they arent in breach of lease because they couldnt move in due to the wet carpet etc ..the landlord has lodged a VCAT compensation .The house is still unlisted after 2 weeks causing more financial loss to both parties .

They cannot find more money as they have paid the agent a further 4000 for the new property
Can you shed some light on this please .They have rented homes all their lives and never had this happen

Thanks

 

[John R]

Hi Tracy,

1. Did your friend provide a "Notice of Intention to Vacate" letter to advise the agent of the "wet carpet" property that they were moving out?
2. Has the Tenants Union of Victoria provided any further advice to your friend?
3. Has your friend reviewed the Consumer Affairs Victoria website on "Tenant giving notice of intention to vacate"?

 

[ever8]

Thanks for the reply
The agent was with called immediately and came to the property he knew that day ..So no there wasn't a notice to vacate .His response was the carpet will dry and the smell will go but the the fact that it triggered asthma was her worry more so.her son has been very sick with it.The tenancy unions advise was that as she hadnt moved in was not breaking the lease under a section ???
Consumer affairs gave similar advise but suggested documentation from the hospital as to his admissions etc
The agent has said ..she took the keys and that was intention to occupy
Tenancy Union advised that he would try this tactic but to proceed .

 

[John R]

Hi Tracy,
If Tenants Union of Victoria is continuing to support/advise your friend, they should consider seeking further advice from them.
They also have a good resource on defending a VCAT matter against a landlord.
Hope this helps.