Bed Bugs in Holiday House - Appropriate Compensation?

thrifty on 30/12/2021 - 19:42
Last edited 30/12/2021 - 20:25 by 1 other user

After being locked down for many months this year was really looking forward to spending Christmas together with my family and we rented a large holiday house near the beach.

The property was advertised at the local real estate agent for holiday rental and each night was about $500 for the 4 bedroom property.

We noticed the property was not particularly clean when we entered as there was a lolly wrapper by the stairs and then also pot in the cupboard were also not properly cleaned. Several dining room chairs and lounge were broken. These issues were minor and we were looking forward to spending time together.

The worse thing about this property was the bed bugs that were in the main bedroom we stayed in. After the first night, I noticed my young son had some red marks on his wrist but he didn't seem to be bothered by it so I didn't think too much about it. But the next night I woke up around midnight to my arm being very itchy and was shocked to discover a cluster of more than 20 red marks on my left arm. I had never had anything like this before and when I googled it, it was quite clear they were bed bug bites. I told my partner and he spray me with insect repellent. I used my phone and the bed and found and video a live bed bug crawling. During the night I kept waking and searching and found 5 other bugs. I eventually did fall asleep around 5am and when I woke up around 7am I had another cluster of 20 bites around my neck and at least another 20 bites all over my body so in total more than 60 bites.

I called the agent and wanted to either swap to another property or get pest control in to fix the situation. As it was Christmas eve she said there were no other properties available and all the pest control companies are already closed and offered a can of pest spray.

As no one else got bitten and didn't want to end our holiday we stayed and spent the rest of the time on an inflatable in the living area.

We washed and dried all our clothes before we came back home but I am noticing new bites so not sure if they are bites from the rental property that are appearing or that the bugs have come home with us.

What would be suitable compensation? How can I check if the bed bugs are in our home? Can I take this issue up with the tribunal?

Thank you

Travel

Comments

  • [Deactivated] on 30/12/2021 - 20:02
    +1

    The severity of infestation would indicate that the homeowner/manager must without doubt have been aware of the infestation.
    These can be difficult to treat.
    Honestly in the realm of 10K after expenses minimum and have them shut down by the council health inspector.

    • salmon123 on 30/12/2021 - 20:47
      +1

      have them shut down by the council health inspector.

      Councils (at least in NSW) are pretty powerless when it comes to anything. They have no power to force their way into properties, so if an owner/resident/agents refuses access, there's not much they can do.

      • [Deactivated] on 31/12/2021 - 00:45
        -1

        Vector of disease, can render a home uninhabitable - I think they would have powers.
        If not council health inspector then health dept but given the current situation ….?
        You could of course make a claim on the owners insurance company.

        • salmon123 on 31/12/2021 - 08:13
          +1

          I think they would have powers.

          It'll vary by state, but in NSW they don't have powers to force their way into private residences. If you google "illegal brothels" or "illegal boarding houses", you'll see what a difficult time councils have taking action against them.

          You could of course make a claim on the owners insurance company.

          That's not how insurance works. Only the policy holder can make a claim. The OP would need to sue the owner. The owner can subsequently make a claim on their insurance.

          I doubt any landlord insurance policy would cover bed bug infestation (and subsequent claims from tenants). Happy to be proven wrong though.

          • [Deactivated] on 31/12/2021 - 08:59
            -1

            @salmon123: ok pedant
            Bed Bugs are a risk to health and yes are a vector of disease rendering a home/accommodation venue unfit for habitation.
            Letter of demand to Agent/homeowner for renting a home/holiday venue knowingly unfit for habitation.
            They can forward to their insurance / lawyer or laugh. Of course insurance will not cover especially if there has been negligence or wilful culpability thus the homeowner has no capacity to tick and flick to a third party (insurance company) - the agent will have indemnity and the owner will be forced to defend without insurance - that is easier than fighting an insurance company. Large hotel chains will have beg bugs specifically included and have internal policies for same.
            OP can wind their way through the various gov agencies, laugh or engage lawyer.
            Former environmental services tech here and have written reports giving opinion on risks to health in a residential environment previously. A single cockroach can shut down a HACCP facility but hey this is OzBargain cheap things and free opinions, any self styled 'genius' or interested person can comment.
            OP
            Document
            See a doctor and get a report
            Notify in writing Agent, Owner, Council Inspector, NSW Health, Fair Trading YMMV
            Investigate if agent/owner aware and previously treated (guilty mind)
            Letter of demand
            Legal venues/lawyer
            OR Move on as the cost of legal representation would be horrendous and the homeowner would receive the the compassion of the court, although Australia is probably the second-most litigious country in the world after the USA and bed bug litigation in US has success.
            https://www.news.com.au/technology/science/animals/bed-bug-i…

    • thrifty on 30/12/2021 - 22:52
      +1

      Yes in the other main room we found several dead bedbugs and in the smaller rooms, they had new mattresses so they must have known and tried to fix the problem. Yes, I haven't thought of contacting the council but I might try and see what they say.

      Thank you

  • Benoffie on 30/12/2021 - 20:20
    +10

    I'd want all my money back. I'd also be reporting them too.

    • salmon123 on 30/12/2021 - 20:45
      +12

      I'd want all my money back

      The only issue is, they stayed for the duration of the booking. Any sensible person would've left and tried to claim the cost of other accommodation from the landlord.

      • Quantumcat on 30/12/2021 - 20:54
        +4

        That's true, they can't claim it was unfit to stay in if they voluntarily stayed.

      • Benoffie on 30/12/2021 - 22:03

        Yeah that's hard to argue. Why would anyone stay? Bleurgh! 🤮

    • thrifty on 30/12/2021 - 22:56
      +5

      Me and one other family member wanted to go but the others wanted to stay. It was Christmas eve and we had gotten so much food for Christmas and didn't want to ruin it for everyone as I was the only one that was bitten. I do regret not being more firm especially if we have brought them back with us.

  • Jazza2400 on 30/12/2021 - 20:26
    +5

    Washing and drying your clothes does nothing, the bed bugs were on your suitcases (tucked in the crevices) and are now in your home. I'd get professional pest control in immediately unless you fancy replacing all couches and soft furnishings. This is why some people put their suitcases in the bath when they go to hotel rooms.

    After feeding the bed bugs will be pooping on your sheets, there is heaps of websites to look up and see signs of them. Bed bugs don't muck around and I'd be getting on to that first. Good luck.

    • thrifty on 30/12/2021 - 23:02
      +1

      We used packing cubes that have been washed and dried with clothing but I am sure there's other places that we might have missed. Will try and speak to pest control tomorrow. Thanks for your reply.

  • trustnoone on 30/12/2021 - 20:45
    +2

    We washed and dried all our clothes before we came back home

    IMO as someone whose rented out places with bed bugs, they're definitely not something I'd muck around with. I'd be out of there that instant, whether it be hotel or otherwise. Also clothes need to be very hot dried. You need to double check everything before you walk in the house, clothes, suitcases, bedsheets, toys, everything as they travel on those. I'd be careful, you may have started an infestation in your own home that may have travelled with kids/suitcases. I'd check everywhere I can, or at the least I'd use diatamateous earth and https://www.bunnings.com.au/bayer-25g-coopex-insecticide-sac…

    For the money back, I would've left straight away and at least asked for all my money back.

  • salmon123 on 30/12/2021 - 20:56
    +2

    all the pest control companies are already closed

    I don't think the OP or the agent understood the severity of bed bugs. A one-off pest-control treatment will do nothing. The whole house needs to be fumigated, multiple times.

    Often it's cheaper to replace furniture that's infested, than try to salvage it

    Can I take this issue up with the tribunal?

    You could try fair trading in your state, but holiday rentals are poorly regulated. They fall outside of residential tenancy laws and it can be difficult to claim under Australian Consumer Law.

    Even if you sue the landlord in a local court, you'll be fighting an uphill battle to get the name of the owner and service address for the papers.

    • elgrande on 30/12/2021 - 21:12

      Sue the agent, they can claim indemnity against the owner under the agency agreement.

      • salmon123 on 30/12/2021 - 22:02

        Sue the agent, they can claim indemnity against the owner under the agency agreement

        Yeah, but you're already getting out of DIY territory.

        • elgrande on 31/12/2021 - 07:13

          Agree, this calls for a full legal team..

    • thrifty on 30/12/2021 - 23:19

      Thanks for the advice.

  • justgooddeals on 30/12/2021 - 21:14
    +5

    My skin is already crawling. Happened to us. The bed bugs hopped lift home with us in our luggage after leaving early only 1 night of 5 day stay at holiday rental

    Lessened learned. Place all your bags in tied up black plastic garbage bags. If summer leave bags wrapped in the car in the sun. Where will hopefully get over 90c inside car with windows closed to cook the little bastards.

    Or if have big freezer. Freeze them. Or everything through 90c wash cycle to kill them.

    Once they’re in the (your)house can be nightmare to get rid of.

  • jizmo on 30/12/2021 - 21:21
    +3

    let's see the photo's

  • iNeed2Pee on 30/12/2021 - 21:30
    +9

    I would collect some bed bugs of your own and sprinkle them around the Real Estate agents office.

    They probably wouldn’t even catch on because most agents are bugs to begin with.

  • kizzy on 30/12/2021 - 21:47
    +1

    Good luck, the bites keep coming for days and days and are as itchy as hell. You might think you've brought them to your home but it's not always the case, the itchy bites can pop up even a week later.

    • thrifty on 30/12/2021 - 23:17

      I am hoping that is the case.

  • Keplaffintech on 30/12/2021 - 22:17
    +7

    lol at the agent offering you a can of pest spray. If only it was that easy to get rid of bed bugs.

  • Third_Gear on 30/12/2021 - 23:47
    +1

    Just because you show bites on your body doesn’t mean other family members weren’t bitten. Some people show no sign of bites. I do but my partner doesn’t. After dealing with these horrible things years ago I check mattresses now before jumping into the bed at all hotels.

    Don’t mess around with this. Follow advice above as it is all excellent and if it ever happens again leave the property right away.

  • [Deactivated] on 31/12/2021 - 00:49
    +1

    Drs reports essential for litigation

  • Boogerman on 31/12/2021 - 08:10

    You’ll be able to get the entire costs back via your state’s’ Administrative Appeals Tribunal. If you educate yourself in basic contract law, you won’t need legal representation.
    If you want more than the objective holiday costs, you will have to go to court

  • reactor-au on 31/12/2021 - 08:41
    +3

    Second bedbug thread in a month, maybe it's the next epidemic, no ways I'm going to be staying anywhere but home for the next year

  • pharkurnell on 31/12/2021 - 09:54

    Was this AirBnB or just direct fhru agents??

    Or where did you rent this thru???

    leave some good feedback?

    • thrifty on 31/12/2021 - 12:44

      I booked directly with the local agents so I think they will be able to delete any negative feedback on the property. The current feedback are all reasonable. I have now found negative reviews on other sites but I don't think I can leave a review as I didn't book through them.

  • shaybisc on 31/12/2021 - 11:12
    +3

    This is the kind of thing that's contributing to my incipient hotel/AirBnB phobia. Doesn't matter how fancy the place is, you're still sharing a mattress with hundreds of other people.

  • thrifty on 31/12/2021 - 12:45
    +1

    I was so sad to wake up this morning to find my young son covered in bites. Now this has become a nightmare, he is just going to scratch everything until it bleeds :(

    • trankillity on 31/12/2021 - 14:49
      +1

      Document everything! You will need it. Progress photos, etc.

  • spc12go on 31/12/2021 - 19:12
    +2

    You have brought bed bugs home. Seek compensation for professional cleaning of your place. Bed bugs is hard to treat. All the best!

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