NSW Tenant - Apartment Damage whilst overseas

LNanning on 30/08/2017 - 22:42

My partner and I arrived home after over a month away overseas to find that the apartment we lease had experienced serious flooding - it emerged that this was caused by a leak in the unit two levels above our one - the apartment was in absolute squalor with the bedroom carpets absolutely saturated with water, numerous possessions including ones of great sentimental value soaked and moldy and what we would describe as the 'worst smell' in our lives - the situation has become extremely heated on numerous levels as I did not not feel adequate regard has been given to our health, safety and well being and was extremely forthcoming when dealing with the letting agency - the conditions of the apartment are not habitable, nor safe for human occupation - the bedroom ceiling on my partners side still has a huge bulge of water and could crack at any time - in addition to this, I permitted entry on Monday to the letting agency and any workers as I was starting a new job and my partner also had to work - I returned home from work at 5pm to find that contimated possessions from the bedroom area had been placed in the living room, thus soiling the one area which had not experienced leaking - we made this clear in an e-mail to the letting agency and this would have been apparent to anybody attending as the sofa bed was left made up - the situation has become extremely heated and is of an extreme concern on several levels to my partner and I - I admittedly have been extremely upset over the last few days and this evening I received a threatening letter from the letting agencies solicitors which has left me feeling anxious, depressed and scared - I also feel extremely ashamed at not being able to provide safe and sanitary accommodation for my partner.

We have had no personal support from the letting agency, building management team - the letting agency didn't even inform the landlord of the damage to his unit - I suspected this was the case due to a comment I picked up on during a conversation - due to the landlord's fairly unique name I was able to find contact details for him on the internet and informed him of the situation - he confirmed he had not been made aware of any of the serious damage - this call took place last night and I believe the landlord (who is a Dr by profession), cancelled appointment that he had scheduled for this afternoon so he could attend and assess the damage which he was shocked at seeing,

We have been offered nothing in the way of compensation - the leakage was stopped, but by this time the damage was well and truly done. We don't have tenants insurance - the apartment was brand new when we moved in to it and we also have both gotten sick this week - combination of stress and probably breathing in the awful air and germs that were spread when the contaminated stuff was moved; maybe it's a coincidence - can't prove where it came from though can we?

Is it actually the case we don't have a leg to stand on here and no recourse and will have to foot the bill for the 5k+ damage to our personal possessions? Some stuff damaged was sentimental which makes it even worse. If this is the case, my faith in humanity has definitely been knocked, yes we will get through it whatever - but for something we played absolutely no part in causing, I have an extremely bad taste in my mouth currently.

Naturally I'm at the stage of seeking my own legal advice now - my partner and I have agreed that this will have to come out of wedding budget, which is another blow.

Can anybody else offer any additional advice, or comment on similar experiences that they may have encountered and the eventual outcome? Happy to elaborate on further detail if useful or needed at all.

Home & Garden

Comments

  • uraha on 30/08/2017 - 23:10

    Check with body corporate for reports on what caused the water pipe to burst. Was it internally due to the structure or was is negligence from the apartment above. If it's the building then go chat with body corporate, if is the apartment above then go chat with the owner. If those fail, go find a lawyer.

  • eqv on 30/08/2017 - 23:16
    +2

    Logically whoever is responsible for the leak should be the one that you should talk to in regards to compensation?

    We had water leakage on our neighbour's unit due to shop fitters below their unit drilled into the pipes. Water leaked into our unit as well, and capet was damaged because of that. Building mgt helped with what they could to clear the water out, but they don't have the obligation to replace the damaged carpet.

    We let the agent know, and let them deal with the shop fitter people to compensate for the damaged carpet since it was their negligence that caused it.

    Fortunately we didn't have any personal item damaged, but if there were, I would've thought we'd have a case against the shop fitters as well to get compensation.

  • spackbace on 30/08/2017 - 23:33
    +3

    For the REA to send a letter from lawyers implies that the conversations have probably not exactly civil.

    Seek legal advice, it's your only avenue

  • icejester on 30/08/2017 - 23:55
    +2

    Sounds like a horrible agency who don't understand their legal responsibilities.
    I'd say go pay for a new place to stay and then seek legal representation for compensation.
    Your health is worth more than money

  • djkelly69 on 31/08/2017 - 00:14
    +4

    This sounds like the responsibility of the strata manager for the most part, not your letting/rental agent. Have you spoken to them at all?

    I am not sure that calling the owner to dob on his rental agent is going to achieve much.

    Also hyphens can't just be used to replace full stops or normal sentence structure, and writing in a 'stream of a consciousness' style is quite difficult to understand. While understanding the emotion which is involved here, it will help your communications both here and more importantly with the various parties involved in the issue to use concise and to-the-point sentences.

  • Findo on 31/08/2017 - 01:35
    +1

    Better get a lawyer, son
    You better get a real good one

  • Richardc on 31/08/2017 - 02:34

    warranty from builder?

  • garetz on 31/08/2017 - 05:10

    This is before my time, but i bought a unit, where the unit above me flooded, it caused the entire downstairs, my current level to flood. It led to new carpet being required in the common area, tiles destroyed. and wooden floorboards needing replacing.

    Strata billed the owner of that unit, as it was their responsibility, the owner claimed it on their insurance. The other owners also made a claim through that insurance, and received compensation. This was roughly 10 years ago.

    You should make sure you have receipts or proof of value for everything that was damaged, if you do not, they will give you maybe 50% of its value. Also take photos of the damage, and move out asap, if it is not habitable, then you should be able to also claim on that too.

    If the owner who is responsible for the damage is uncooperative, you will need to take legal action. If you have any kind of insurance, talk to them as well, they might handle the situation on your behalf, like renters insurance or contents insurance.

  • chumlee on 31/08/2017 - 08:00
    +2

    Contact tenants union for assistance.

    I would lodge an application at your states relevant tenancy tribunal for refund of rent paid since you returned from holidays to the flooded apartment and also be asking for the rental agreement to be exited without penalty so you can move elsewhere if that's what you want

  • EightImmortals on 31/08/2017 - 09:44
    +2

    I wouldn't be staying there with the amount of mould contamination present. If the rental agency can't at least get your temp accommodation until the repairs are done and place is decontaminated I would find new accommodation asap. Also, seek legal advice as other have mentioned. Thought from what you say the actual owner might be a decent guy so talk to him about the issues directly and you might things fixed quicker than going through the agency.

  • HardQuiz on 31/08/2017 - 11:13

    If you can't afford a lawyer, visit Legal Aid NSW.

    http://www.legalaid.nsw.gov.au/contact-us/legal-aid-nsw-offi…

  • Some Guy on 31/08/2017 - 11:21
    +1

    You have a claim against the owner of the apartment 2 floors above for your personal loss. The owner of the apartment has a similar claim for carpets etc. The body corporate will also claim for damage to common areas. It's "damage by incursion" or some such. Liaise with the tenants union regarding alternative accommodations if required.

  • Nanning on 31/08/2017 - 22:41

    Thanks for the advice everybody.

    Today I had breathing difficulties and wheezing which led to me needing to leave work early and visit a Doctor - Dr examined me and very quickly asked if I had a history of Asthma or any other breathing related disorders - to which I confirmed that I suffered from Asthma when I was around 6-7 years old - I've never had to visit the Dr's for any form of sole respiratory issue that I can recollect and definitely not for over 20 years+

    I was prescribed an inhaler and given some antibiotics for a separate throat infection that has also spread to my ears - the Dr also asked if there was anything that could have contributed to the breathing problems and I mentioned the living situation - dampness, mold etc which he was concerned about and said he would document this on a Dr's certificate.

    In terms of the overall situation, the above hindered my progress with this somewhat, but I did get one good response, guy appears to have a proven track record, but charges as you'd expect. The Tenants Union were also contacted and took details and will get back to me within 7 days - nothing I can do to speed this up unfortunately.

    I've let everybody involved (letting agency, building management, landlord etc know that this is the case) - I even sent them a picture of the Dr's certificate and prescriptions - this was one of the reasons why I pushed the matter so hard with them when I first spoke - didn't see the Asthma coming admittedly, but getting ill in some form was inevitable. In hindsight, we should have found a hotel that very night but having returned from an extended period overseas from Europe; combined with saving for a wedding and the fact the problem was nothing to do with us we decided against it.

    I'm sure the offer to vacate will still exist but this in itself is a massive inconvenience with many unanswered questions and no doubt will leave us massively out of pocket - I don't think the 'Nice Guy' approach would have made a shred of difference in this situation. Yet, it's ironic that when we initially spoke and things were okay with getting the initial leakage fixed we were then effectively informed that we were on our own and they wouldn't entertain temporary accommodation, replacement of possessions etc, yet when the ante is upped and they are challenged on the fact this had nothing to do with us and that it is clear risk to health they cough up for a solicitor to represent them and say the tone became 'personal' and therefore insist everything goes through their lawyer - saves the seniors having to deal with shit that is above them and removes their accountability.

    What's the quickest way to find another place and expedite our exit? Guess one of us needs to take time off work, inspect, apply, be accepted, pay removal costs and bond - hadn't even thought of the bond part - bet the damage makes it a pain for us to get this back too.

    I feel like I've been shafted well and proper with no recourse - yes I know that this won't change anything, but I wouldn't wish this shit on my worst enemy.

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