Wanting advice on compensation claim now that toxic mould has been proven in our rental property in Parkdale Vic. The

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Customer: Second opinion] Wanting advice on compensation claim now that toxic mould has been proven in our rental property in Parkdale Vic. The Member at VCAT today suggested they settle without coming back and i have a positive result to Toxic Mould
My partner is getting a blood test too and experts here Monday to test the house , but I am not sure how to go about it with the sickness part
Answered by Leon in 1 hour 2 years ago
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Leon
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Leon
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Leon, Expert

Hi, I am Leon, a NSW Solicitor. I am now reviewing your question and will reply again in a moment.

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Leon, Expert

Good Morning

Does the mould stop you from using all the house?

Do you have a report on the mould and its affect on your health and use of the house?

How long hav you been renting and not been able to use the room?

Customer
Hi Leon. Thank you
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Leon, Expert

Have you had discussions and tried to resolve it with the landlord?

Customer
since we moved in 9 months ago and nothing has been done at all with many communication to them. VCAT yesterday ruled in our favor and we can move out nect WED latest and suggested they come to an agreement on compensation without coming back to VACT because the have breach my many times
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Leon, Expert

It is a copy out to do that.

They should be the ones doing that the landlord will not agree to anything.

Are you wanting to know what you should be seeking?

Customer
please - This is what i believe to be within out rights, 25% Rent returned, $1000ea for severe loss of enjoyment and numerous breaches, moving costs, plus the impact on our health with I now have confirmed partially, Mould Mix 1, Level 2 Moderate ( if that makes sense?) Plus the fees associated..... and we want it to happen fast
Customer
Close enough to $10K. It is so so wrong hey
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Leon, Expert

You have to work out what proportion of the house was affected and could not be used. This can be used to work out the rent that you should be refunded because you could not live in that part of it.

A report would assist as evidence for this.

You health issues you can claim costs. If you have not lost anything there is no compensation.

If you are casual and lost pay then you claim the loss of wages. As a full timer you were paid sick leave. You can seek this but have to give it to your employer to reinstate your sick days.

You can also claim medicine you paid for.

This is how you calculate it.

I assume this was not worked out and set out in your claim?

Customer
no because they could only hear the urgent repairs part (48hrs notice)
the house is a 1b/1bth 2 story unit/townhouse. reno downstairs but constand flooding inside when it rains through window frames and under door, rising damp in all wet areas upstairs, persistand mould regrowths and certian it will be in all the installation at the front from top to bottome because the boardes are so rotting and un treated, musty smells to cloths /linen and beding all the time now....
Customer
sorry for the typos
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Leon, Expert

So it was not fit for accomodation?

Do you have a report to that effect?

Customer
i would if i could but honestly am broke right now and have to move :(
Customer
Honest to God Truth
Customer
also waiting for an op in June and havent worked since aplril last year after aggrevating old work injury...... its been a really stressful 12 months to say the least
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Leon, Expert

If it was uninhabitable you claim all the rent you paid back.

If they refuse you have to go back to VCAT and prove it all

Here is a link that explains all compensation in Victoria

https://www.tenantsvic.org.au/articles/files/practice_notes/Practice_Note_1404_Compensation.pdf

You need medical evidence about the old injury and the issue caused by the mould and that the landlord did nothing.

Before you ask for a sum you get the evidence.

It appears you do not have the evidence of your losses yet.

You have a good case just get the evidence before you put in your claim to them and then go back to VCAT

This is why VCAT has done this they dont know what your claim is and only addressed the cancelation of the lease.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. If there is nothing further thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback by rating my work 5 stars so I can be paid. Highlight the 5 stars at the top and click the submit button.

Thank you for using Justanswer and I look forward to assist in the future as required.

Regards
Leon

Customer
The Mould Doctors will be here Monday, but i have had personal blood test done and is positive. Ive worked in construction industry as a female site manager for approx a deccade, and although no expert, nor claiming to be, I am certain
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Leon, Expert

Your doctor has to give evidence on your pas injury and how the mould has made it worse and you cannot work because of this.

Customer
old injuury was my back, and my main concerns here are really bad asthma , wheezing, coughing, sneezing, Constants headaches and joint pain, anxiety......
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Leon, Expert

all of that has to be assessed and a report be provided.

You need detailed medical reports.

You cannot just claim the tribunals wont give anything unless they have the medical evidence.

It appears it maybe a larger claim and you may have to get solicitors to assist.

Contact Maurice blackburn or Shine lawyers and see if they will act on a no win no fee basis.

Customer
Leon, thank you so much! I really appreciate your help, and I most likely will be in touch again
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Leon, Expert

You are very welcome and all the best

Any time

Regards

Leon

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