Tenant Living in a Property with a Number of Defects

Hi all,
Hoping to get some advice by my OzBargain family about issues I’m having in a rental I live in.

TLDR:

Various issues including mould have arose due to water entering the property. Early signs first arose a year ago, routine inspections have been done, but the owner hasn’t made any repairs. The communication with the property manager has been very poor and I have serious concerns about the mould. What shall I do?

Detailed story - sorry in advance for the length!

I’m 28 and live with my partner, and when we first applied the agent said the landlord was in no financial position to lease out the house. She also noted he had concerns about my age and asked questions about my lifestyle and if we planned on getting any pets, as he wanted to make sure he had the right tenants. I thought fair enough and answered any questions he had.

Within the first couple of months of moving in, the owner of the property has claimed to ‘accidentally’ send parcels to the house, arranged a property inspection, assessment for tax depreciation and insisted on coming over during the first week of us living there to install a rubber stopper on the mirror cabinet. Again I just accepted it and didn’t look much into it.

In early 2019 I did ask for the installation of a trellis for the climbers as they have nothing to climb on and installation of a security door as there is no passive cooling and with a flat roof, it relies heavily on the split system. The property manager at the time acknowledged the request and I never heard back from them again about it. Again, I thought no worries and worked around it.

In October 2019, we renewed the lease for another 12 months and the rent increased to $670 a week with a new property manager.

In November, we started to notice a few defects in different areas. These included paint starting to split, architraves cracking, bathroom cabinets starting to warp, moisture coming in from the sliding door and cracks in the ceiling. The maintenance team passed on the owners Thank You for letting him know and he would raise it with the builder.

In December I noticed a small water patch in the ceiling downstairs in the study. I let the landlord know straightaway but never heard back from the owner. Living in Melbourne, this small leak quickly grew with the amount of rain.

I then contacted the property manager again in February when the other issues mentioned above started to get worse. I had another routine inspection and didn’t hear anything from it. I followed up about the issue a few days later and didn’t hear back. I followed up again in April and didn’t get a response until May, but instead by a maintenance person wanting to arrange a quote.

The maintenance person came out and was surprised by the amount of damage as he was only sent a photo from last year. Within a week, I had 2 other maintenance people come out to provide a quote. Again, each only knew part of the issue.

A month later I receive a call by the landlords insurance as the owner has made a claim for the damage to the property. They sent out builders and again, they only knew some of the issues.

During the water tests by the insurance company, they noticed water is entering the property from a large crack on the side of the house and it’s spreading. They also discovered potential water leaks in 2 other areas due to cracks on the exterior. During the testing, the damage was worse than first thought and they peeled off a lot of paint in different areas, removed silicone around the sliding door and ripped up some of the carpet to check how far the water had spread. After their assessment, I immediately took photos and sent it to the agent just to let them know so there was a record as the damage was significant.

I sent another email 3 weeks ago to follow up where the claim has got to, and the only email I have ever received by my current property manager was “we’ll let the owner know.”

As of last week, the mixer tap in the kitchen has started to leak and the leaks from the shower in the en-suite has got worse due to gaps in the silicon.

I recognise that these issues would be a lot of stress for any home owner and COVID has been a difficult time for everyone. I feel I have been very patient, and it’s one issue after another, without getting anywhere. The company managing the property has a very good reputation, so it could be challenges with the owner.

I genuinely take great care of the property, do the gardening every fortnight and always pay the rent on time. The current lease runs out in November and most likely plan on moving somewhere else.

What shall I do?

Poll Options

  • 33
    Explore VCAT options
  • 31
    Just sit tight until the lease ends
  • 1
    Report the recent water issue as a seperate issue
  • 1
    Make a complaint to the boss of the property manager
  • 0
    Follow up again

Comments

  • +2

    I did vote VCAT although you may find it will take longer than the rest of your lease to get there. Looking at what you've discovered and noted it's time to look elsewhere unless you have a compelling reason for staying.

    • Thanks JoeSoap, that’s a good point. It really is a great location and if I could afford to buy here I would.

      It’s always a lot of stress moving houses and inventory here is low. I’m keeping an eye on buying my first home, but hesitant not to jump at anything come November.

  • +4

    To be honest I think there would be enough there to break the lease if you wanted to (provided you follow the correct procedures). And considering there's no end in sight that would tempt me.

    I understand you like the location and are hesitant about moving, but I think for the same money you will see more vacancies than you normally would. Rental prices are down from what I can see, with people taking this opportunity to renegotiate leases or leave.

    In your situation you really shouldn't be concerned about the landlord, just as he doesn't seem concerned about you. They have had plenty of time to fix things, and you are paying for a service that is not being properly provided. All it should be about is whether it's less hassle for you to wait for it to be fixed, or more beneficial for you to leave.

    But if they take this long to fix these issues, what happens when the next issue arises. I say get out.

    • Thanks Dizzle. The rentals haven’t declined in price just yet in the area. But I’ll keep an eye out to see what comes up as supply is likely to increase in the coming months. May be wise to just consider breaking the lease when something better is found.

  • It is a renters market i voted wait it out and move VCAT is a load of headaches

    • +1

      Thanks Ontheshred, I haven’t dealt with VCAT before so not sure what I’ll be up for. But you’re right about the renters market. I’ll keep an eye out and see what comes up.

  • +2

    Careful with any black mould that occurs. Mycotoxin is dangerous.
    Even if you're leaving in November, it's clearly YOU that needs to be proactive until you vacate.
    I would grab something like this: https://www.bunnings.com.au/concrobium-946ml-mould-cleaner_p… and send the Real Estate the receipt.

    I've managed an apartment block before and good tenants are uncommon. Clearly the concept of maintenance has escaped your landlord. It's far cheaper to stay on top of things.

    Good luck with this.

    • +1

      Thanks croc330, I didn’t know you could buy such a spray. I should have known Bunnings had something! I’ll give it a shot.

      The water damage could have easily been fixed, but since so much time has passed it continued to spread. I’m glad I took plenty of photos and sent emails, as I have a feeling I’ll be fighting for the bond when I leave. Thanks for your advice :)

      • Happy to offer advice.

        Do keep full records of every interaction and do not ever leave it to verbal. Always follow up with email. Document everything.

        Don't be afraid of going after them in VCAT, I had a friend who ended up at QCAT here in Brisbane and she got a "payout" for their negligence with the black mould. All her bond back plus reimbursement for moving expenses.

        It's your health. They have obligations. Don't be afraid of having your "Day in Court" either. Do your homework, and save every email / document. If you can make a formal complaint, do it. Leave a healthy paper trail, and keep a diary for just this so you don't have to rely on memory. Use the agency that helps with these complaints: https://www.tenantsvic.org.au/ if you can.

        Good luck with this!

  • +1

    Break lease based on the property being unliveable. Living with damp is no good for your health. As others have said, it’s a renters market and you should be able to find something cheaper and better. It’s a shame for the owner, but not your concern.

    • Thanks Morse, you and the others have a good point. I’ll keep an eye out and see what comes up.

  • Had a similar situation and broke lease, didn't realise how bad I was feeling with the mould.
    Landlord knew, so they just repainted and rented it out to the next guy as if nothing was wrong.

    • Thanks Tim, I haven’t been feeling the best for a while but thought it was cause of stress at work. The mould could be having an impact, so worthwhile seeing what else there is.

      Some landlords just don’t care, painting over it is a bandaid fix. It’s a worry to think if the new tenant moving in was an elderly person or someone with poor health.

  • As others have mentioned, living with mould is not worth the risk. If you think of all the negative things that could occur when renting, how many can have serious effects on your health? Your health is more important that the cost and inconvenience of moving.

    Plan on moving when the lease expires or explore options on being able to break the lease. It's generally a renters market right now, you may even be able to negotiate a 6 month lease somewhere if that's more suitable.

    • Thanks for your help. The market still hasn’t changed in my area, but is likely to in the coming months. Anything less than 12 months was frowned upon, but some would be keen for just some security so 6 months wouldn’t be unreasonable.

  • +1

    You’ve fulfilled your obligations as a tenant by reporting all of the issues.
    If you rent through an agent, communicate directly with the agent not to the landlord.
    Given the unit seems to be falling apart and arguably uninhabitable you can get out of the lease.
    Tell the agent you want to leave and if the landlord wants to charge you a break lease fee you will go to SACAT and you are confident they will side in your favour when you provide all the evidence of your reports of the worsening conditions in the property.
    It does sound like the landlord isn’t exactly a fan of yours so they may be happy with you leaving.
    I had a tenant recently who complained about everything and I begged them to leave and waived the break lease fee.

  • Break lease with no fees due to it being inhabitable.

  • You should not have re-signed for another 12 months. The writing was already on the wall with how unresponsive they were with repairs early on. Resigning for a higher price is pointless. Get out before the mould affects your health permanently. Suggest looking up reasons on how you can break the lease as painlessly as possible.

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