I commenced renting an apartment Wednesday last week & I am not happy with the extent of the mould & damage to the
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Customer: Hello, I commenced renting an apartment Wednesday last week & I am not happy with the extent of the mould & damage to the “party wall” to the adjoining tenancy which was not fixed before I moved in. This can cause vermin egress & the integrity of the wall is compromised. The agent engaged “The Mould Doctor “ to undertake an inspection which happened yesterday & I am waiting on the results. In regards ***** ***** damaged wall, the agent says he will get it fixed. This has not yet happened. I would like to get out of the lease as the mould is causing me to feel unwell with persistent headaches when I am in the apartment. I also do not feel safe with the damage to the party wall. What are my options, please? Your assistance would be greatly appreciated.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have complete & lodged the Condition Report with my concerns listed & photo evidence. I have also emailed the agent saying I’m not sure if I want to stay, & I have not moved in all my furniture because of this.
JA: Where is the apartment located?
Customer: Southbank Vic
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: In the Condition Report the agent was not truthful about some items
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have complete & lodged the Condition Report with my concerns listed & photo evidence. I have also emailed the agent saying I’m not sure if I want to stay, & I have not moved in all my furniture because of this.
JA: Where is the apartment located?
Customer: Southbank Vic
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: In the Condition Report the agent was not truthful about some items
Answered by John Melis in 5 mins 1 year ago
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John Melis, Expert
Hi! My name is***** a solicitor in Australia, and I’m happy to help you.
As there is mould in your apartment that is out of control, you have done the right thing by engaging the mould doctor to undertake an inspection. Subject to the maul doctors report, you will be able to raise a claim for compensation against the landlord. If the landlord does not compensate you, you can raise a claim in the Victorian Civil Administrative Tribunal for Compensation.
I hope I’ve provided the information you were seeking. If you need more help, please let me know so l can continue to assist you.
Customer
Since the agent engaged The Mould Doctor & not myself, I guess I may not be privy to their findings.
What if they 'downplay' the mould issue?
In any case, I do not want to stay in the apartment. That would involve me paying for additional accomodation & I want to register & apply for other rental properties. Will I be able to break the lease?
What if they 'downplay' the mould issue?
In any case, I do not want to stay in the apartment. That would involve me paying for additional accomodation & I want to register & apply for other rental properties. Will I be able to break the lease?
John Melis, Expert
The mould doctor will give a very solid report on the property. The mould doctor is independent with professional qualifications and will not lean to the landlord side and only to the condition of the property. You will be protected by the independent report.
Customer
Thank you, ***** ***** me peace of mind. The question is what to do in the meantime. I don’t know how long it will take the agent to engage someone to rectify the issues. I am concerned about my health.
John Melis, Expert
I totally appreciate the situation you're dealing with and the worry that you have. I did suggest in the meantime that you leave your windows open or partially open to allow fresh air to blow through.
Customer
I definitely have opened windows & doors for ventilation when I can, however this has not helped that much. Plus I work full time so for security I do lock it up when I’m not here.
John Melis, Expert
You are handling this matter very well. Keep doing what you're doing in the meantime until the mould doctor does the report.I know you put so much time and effort into this, and if you follow the steps as suggested above, it will give you a direction to go.If there is anything else, please let me know.
Customer
Thank you John, I appreciate your advice
John Melis, Expert
It was my pleasure to help you today, and I thank you for chatting with me.
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