We have been renting a house for 5 years for $565 per week, we had ongoing problems mainly with bathrooms leaking into

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Customer: Hi,We have been renting a house for 5 years for $565 per week, we had ongoing
problems mainly with bathrooms leaking into bottom floor of two storey house
these repairs were carried out cheaply only to reappear several months down the
track. We had 3 bathrooms and sometimes were limited to one bathroom between 4 of
us.Yes we kept renewing our lease as repairs were eventually carried out
and finding and moving to another house was unimaginable as my daughter was a
full-time university student and I had back issues.Cutting a long story short we eventually gave notice after we were told by
a bathroom repair man that the room was unsafe and not to go in there, the tiles were
cracking due to the constant water leaks which seemed to be between the the first and
second story floor cavity and black mould was showing in the cupboard downstairs.We called the Housing Authority and they inspected the house putting a 'Housing Improvement Order'
in place and issuing rent control amount of $423.75 per/wk on the 16 Aug 2021 (which was never passed on to us)
we vacated on the 30 Sep 2021.We took the dispute to SACAT and was told that we can only claim for damages to property or injury,
we were hoping to claim some rent back for the inconvenience of not being able to use all the property
we were paying for as we migated losses for the landlord. We were offered the difference in rent between
what we were paying and the rent control amount which was $141.25p/wk x 5 weeks = $706.25, they have We have the option
to take this further to the Tribunal but not sure whether to go ahead.My question is do they compensate for inconvenience or only damages and injury as precedent claims have shown,
if not it may not be worth all the effort.Thank you in advance for your time.Katie
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: South Australia
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: Just normal tenancy act rules, keep the property in good condition allowing for wear and tear
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I don't think so
Answered by John Melis in 2 mins 10 months ago
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John Melis
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John Melis, Expert

Hi! You’re speaking with John Melis, a solicitor in Australia.

Have you received an eviction notice?

Customer
our lease was finalising
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John Melis, Expert

Thank you for your clarification. Based on your information it seems like you are being treated unfairly. What do you could do is take this matter into the magistrates Court to try pursue full conversation. I understand you've taken it into the South Australian civil administrative tribunal already but have been restricted.
Customer
that is correct, so you believe there is a case to pursue in the magistrates court?
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John Melis, Expert

Based on the information you have provided, it seems like you have a case you can pursue further.
Customer
We are seeking a return in rent paid over the 5 year period as the property was over priced considering the constant repairs is this reasonable?
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John Melis, Expert

Then put your case together based on your evidence, then raise a claim in the magistrates Court.
Customer
Do you suggest having a lawyer in this matter
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John Melis, Expert

it would be wise to have a lawyer to check the merits of your case.
Customer
Ok, thank you for your time I will speak to my partner.
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John Melis, Expert

It was my pleasure to help you today, and I thank you for chatting with me.
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