NSW Landlord refusing to clean up unit after lead contamination

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EmmaG

Active Member
4 March 2018
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We are renting an apartment for a 6 month lease.

We moved in and about 3 weeks into the lead we requested to the agent for a child lock to be installed on the window due to safety concerns, we are informed of upcoming major renovations to remove old windows and doors of the strata unit.

The work on the building commenced and I started to become really unwell. We asked the landlord for a rent reduction for the week the wok was to be done. That was denied. When the work was due to start, I had developed a bad respiratory condition so we notified the agent we'd move out for the days the work was due to be done as I was concerned about my health and that of my young child whilst the work was being done.

There had been a substantial amount of dust and paint chips flying around the building for weeks. We returned to the unit, and it was covered in dust after the workmen did the work on a high wind day We asked for a deep clean and after much protesting they sent a regular cleaner but it was a light clean.

I followed my instinct and got a lead test kit which showed hazardous levels of lead. We moved out and had a hypgentist come out to confirm lead contamination. The landlord refused to clean, saying it was not their issue and to take up with strata. The strata said it was the landlords issue and because we'd not been in our home and had asked for a specialised clean we stopped paying rent. The landlord evicted us and refused to clean the property and our items. They have refused to respond to any emails or requests regarding the clean up. Then after our final request the agents lawyer emails us to tell us to stop communicating with them and only via him but reminds us to pay our rent and that our lease is terminated and that they won't pay for the clean up.

Would you see the actions by agent to be retaliatory in nature? We simply wanted our unit to be safe to live in but they've been hiding behind the strata and not taking the lead and my health issues seriously.

What sections of the residential tenancy act are they in breach of?
 

Rod

Lawyer
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27 May 2014
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I'm confused by your post.

You say you've been evicted, then you say you want your unit to be safe to live in.

And where are your personal possessions?