I have an issue with a lanlord who failed to disclose documented issues with building defects prior to me moving in and

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Customer: Hello
JA: Hi. How can I help?
Customer: i have an issue with a lanlord who failed to disclose documented issues with building defects prior to me moving in and I would like to break the lease what are my options
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: victoria
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: yes failure to fix failure to supply documentatin when requested like our signed contract and signed rental inspection identifying the fault
JA: Anything else you want the Lawyer to know before I connect you?
Customer: what are my options
Answered by Daniel in 1 hour 2 years ago
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Daniel
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Daniel, Expert

Hello
My name is***** am a Solicitor here in Australia and look forward to helping from you.

If there is anything that I type that you need any clarification on, by all means let me know. I am here to help.

If you prefer to speak with me over the phone, click on the phone call option! I can then call you immediately, or at a time that suits you.

So you DID ask for any defects to be disclosed PRIOR to signing?
Issue, is in part, if you did ask, then signed 'anyway' then there may actually be some issues, as you entered into the agreement of your own volition.

I need to ascertain the above before being able to help further.

Otherwise, you can break the lease, as long as you give sufficient notice.

I wish to help you in this situation.

Please click accept / rate my service (WITH THE STARS - FINISH BY RATING). I am able to answer further questions after doing so at no further cost to you

Customer
you DID ask for any defects to be disclosed PRIOR to signing?
Issue, is in part, if you did ask, then signed 'anyway' then there may actually be some issues, as you entered into the agreement of your own volition.
I asked any known faults or defects they said no but the reality is there were known building defects as there is a legal pending through court with the builder my partner and I have had water inside our room that has effected my partners health and mineThe landlord was aware of the defects and failed to disclose these known defects prior to me signing the contractI need to get out of this lease as my partners health and mine has been effectedplease advise what I need to do legally
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Daniel, Expert

Hello
Ok, yes well regardless, the defects are clear now, as they have caused health issues.
You do need however a medical report confirming that, to use as support.

Issue is, you pay for the use and enjoyment of the home. You cannot do so with the defects.

I would suggest giving one month notice to vacate the premises. That gives them sufficient time to find an alternate tenant. Any more time necessary by the landlord, then file a claim to VCAT using the medical expert report indicated prior, for a claim against them to sever the lease immediately.

Customer
can you please send me a basic template to send to them on the basis of the contract and medical issues
do I tell them about the potential claim to VCAT or not tell themPlease give me an example as I want to back date as the landlord didn't get back to me as requested with a response
thank you
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Daniel, Expert

Will do.
At this stage, if you feel I have pointed you in the right direction, please rate my service, with the stars provided.

Customer
i gave you five stars thank you are you able to help
Customer
can you please send me a basic template to send to them on the basis of the contract and medical issues
do I tell them about the potential claim to VCAT or not tell themPlease give me an example as I want to back date as the landlord didn't get back to me as requested with a response
thank you
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Daniel, Expert

Dear Sir / Madam
I refer to my current rental situate INSERT ADDRESS.
As discussed previously, there has been a number of serious defects on the property, resulting in illness of both my wife and I. Such illnesses are documented by a general practitioner doctor who has diagnosed the cause to be the property.
I hereby put you on notice that I give you 30 days notice where we are to vacate the property.
Should this not be accepted, we shall without notice lodge an Application to VCAT annexing the medical proof and evidence of the defects on the property via video and image.
We trust this action is not necessary and will adhere to payment of rent till the 30th day.

Customer
Dear Ryan,I refer to my current rental situate 307/1A Luander Street Hawthorn Victoria 3122.As discussed previously, there has been a number of serious defects on the property, resulting in illness of both my partner and I. Such illnesses are documented by a general practitioner doctor who has diagnosed the cause to be the property.
I hereby put you on notice that I give you 30 days’ notice back dated from the 11/09/2020 this is due the landlord not coming back Odette and myself and reasonable we are to vacate the property.Should this not be accepted, we shall without notice lodge an Application to VCAT annexing the medical proof and evidence of the defects on the property via video and image.We trust this action is not necessary and will adhere to payment of rent till the 11/09/2020.
Customer
can you check and reword please
Customer
11/10/2020
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Daniel, Expert

Dear Ryan,

I refer to my current rental situate 307/1A Luander Street Hawthorn Victoria 3122.

As discussed previously, there has been a number of serious defects on the property, resulting in illness of both my partner and I. Such illnesses are documented by a general practitioner doctor who has diagnosed the cause to be the property.
I hereby put you on notice that I give you 21 days notice, due the landlord not coming back to us as we formally indicated on 11 October 2020 that we wish to vacate. Thus, given suffient time.

Should this not be accepted, we shall without notice lodge an Application to VCAT annexing the medical proof and evidence of the defects on the property via video and image.

We trust this action is not necessary and will adhere to payment of rent till the 11/09/2020.

Customer
thank you what about bond im payed up till the 15/10 and I need to change it for the 31/10/2020
can I put something in about bond in the message
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Daniel, Expert

If you wish to, add it. I just wanted it to remain simple.

Customer
Dear Ryan,I refer to my current rental situate 307/1A Luander Street Hawthorn Victoria 3122.As discussed previously, there has been a number of serious defects on the property, resulting in illness of both my partner and I. Such illnesses are documented by a general practitioner doctor who has diagnosed the cause to be the property.I hereby put you on notice that I give you sufficient notice, due the landlord not coming back to us as we formally indicated on 31 October 2020 that we wish to vacate. Thus, given sufficient time.Should this not be accepted, we shall without notice lodge an Application to VCAT annexing the medical proof and evidence of the defects on the property via video and image.We trust this action is not necessary and will adhere to payment of rent till the 31/10/2020.
Customer
can you review i dont need anything further I don't need to discuss bond I cant legally withold money can I??
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Daniel, Expert

The correspondence is good to go.
The bond needs to be paid back to you in any event.

Customer
Hello Daniel
Customer
I’m a legally obliged to send it if he has requested
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Daniel, Expert

Sent what? The correspondence?

Customer
The landlord would like to view the medical documents before he communicates further on the issue
Customer
I personally don’t want to give them to him as my partner had a week off due to illness and these records are private
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Daniel, Expert

Hello
You do not need to send them across, however if it does strengthen your case, and the records confirm that the condition of the home is the cause, then I cannot it being prejudicial against you.

Customer
Can I say due to privacy and medical history that the request is denied
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Daniel, Expert

You can, by all means.

But, from a tactical position, it could give you an 'easy out' if they capitulate after the evidence is seen by them.

Customer
Ok thank you
Customer
I will need to go back to he doctor to get the records
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Daniel, Expert

All the best with it.

Customer
Hello
Customer
Can you help me write this email please
Customer
Hi Ryan,Please find attached the medical certificate our doctor will supply a specific cover letter related to our medical conditions related to the moisture in the residence
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Daniel, Expert

Hello
You need no help with the email. All you need to is send the documents relating to the dispute.

The above will more than suffice.

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