Hello
Need some help and advice. I have a landlord who breached tenancy. I signed lease and occupy 1 room and bathroom. Other room I play host to visiting colleagues from UNSW.
Challenges with this lease is that the landlord breached tenancy by non-disclosure of rising damp which provided an unsafe place for people to live (ie; mould, humidity - health and safety risk).
And they have not insulated in between the flooring of the above duplex which means it's incredibly loud, lights shake when people walk around upstairs and sometimes it feels like someone upstairs is in your bedroom talking. Unnerving!
Property
2 bedroom, 2 bathroom duplex in a triplex set up - link Unit 3/72 Coogee Bay Road, Coogee NSW 2034
Brief time
March - reported a rising damp issue - agent no response - we notice that mould is an issue throughout tenancy mostly in second bedroom bathroom (not listed in advertising)
June/July - rising damp issue escalates now it's a wet to touch wall, humidity and mould issue - and I slept in room in 4 days got headaches, brain fog, itchy eyes etc - report to agent.
15-18 July - tenant gives agent full access to property 7 am until 7 pm to bring who ever he needs to fix the issues
10 July - after receiving tenant consent sends a 48 hour notification to enter property based on 'structural' issues. Tenant can not attend property on 12 July due to writing deadlines at work. Tenant sends a representative - a building surveyor.
19 July - tenant sends a remediation without prejudice letter
26 July - agent sends tenant termination of tenancy on the grounds of water entering property making entire property inhabitable - tenants tells him to serve her with an eviction notice because she does not agree with termination of tenancy reason. Agent says he will do this on Monday.
Essentially, Peter Ellis of Tyyrells conducted an inspection and sent me a report and was representing me (not the agent). Agent bases for eviction is on words he says Peter said during the inspections of the wall about the property and he doesn't have anything in writing from Peter. In fact Peter never said the words that the issues can't be fixed whilst tenant is living at the property.
I estimate back rent, costs and losses currently around $9K.
The clock is ticking for them and I don't have a property to move to until September / October. Currently I'm sleeping in the lounge room in a make shift little cubby hole and I've given up my room (pictured) to a colleague from UNSW who is visiting from China. Another fact is that the landlord is 'sailing' overseas and won't be back until Sept / Oct. They own the entire triplex block and recently sold number 1 for over $1.7 million. This property has not settled due to easements and splitting up of who owns what common property.
Question
NCAT or local court? I've experienced NCAT. No rules. 50/50% chance of winning and not because of any legal basis. It seems to be more about the 'vibe'.
If local court, what are people's experience in similar circumstances, in going there and what was the outcome and costs they experienced?
Thanks.
Emma
Need some help and advice. I have a landlord who breached tenancy. I signed lease and occupy 1 room and bathroom. Other room I play host to visiting colleagues from UNSW.
Challenges with this lease is that the landlord breached tenancy by non-disclosure of rising damp which provided an unsafe place for people to live (ie; mould, humidity - health and safety risk).
And they have not insulated in between the flooring of the above duplex which means it's incredibly loud, lights shake when people walk around upstairs and sometimes it feels like someone upstairs is in your bedroom talking. Unnerving!
Property
2 bedroom, 2 bathroom duplex in a triplex set up - link Unit 3/72 Coogee Bay Road, Coogee NSW 2034
Brief time
March - reported a rising damp issue - agent no response - we notice that mould is an issue throughout tenancy mostly in second bedroom bathroom (not listed in advertising)
June/July - rising damp issue escalates now it's a wet to touch wall, humidity and mould issue - and I slept in room in 4 days got headaches, brain fog, itchy eyes etc - report to agent.
15-18 July - tenant gives agent full access to property 7 am until 7 pm to bring who ever he needs to fix the issues
10 July - after receiving tenant consent sends a 48 hour notification to enter property based on 'structural' issues. Tenant can not attend property on 12 July due to writing deadlines at work. Tenant sends a representative - a building surveyor.
19 July - tenant sends a remediation without prejudice letter
26 July - agent sends tenant termination of tenancy on the grounds of water entering property making entire property inhabitable - tenants tells him to serve her with an eviction notice because she does not agree with termination of tenancy reason. Agent says he will do this on Monday.
Essentially, Peter Ellis of Tyyrells conducted an inspection and sent me a report and was representing me (not the agent). Agent bases for eviction is on words he says Peter said during the inspections of the wall about the property and he doesn't have anything in writing from Peter. In fact Peter never said the words that the issues can't be fixed whilst tenant is living at the property.
I estimate back rent, costs and losses currently around $9K.
The clock is ticking for them and I don't have a property to move to until September / October. Currently I'm sleeping in the lounge room in a make shift little cubby hole and I've given up my room (pictured) to a colleague from UNSW who is visiting from China. Another fact is that the landlord is 'sailing' overseas and won't be back until Sept / Oct. They own the entire triplex block and recently sold number 1 for over $1.7 million. This property has not settled due to easements and splitting up of who owns what common property.
Question
NCAT or local court? I've experienced NCAT. No rules. 50/50% chance of winning and not because of any legal basis. It seems to be more about the 'vibe'.
If local court, what are people's experience in similar circumstances, in going there and what was the outcome and costs they experienced?
Thanks.
Emma
