Advice please - Rental contract problem

[Rubyslippers]

Hi was hoping someone on here could advise me regarding a problem I am having with my current rental accommodation.
Myself and my family moved into a rental property six months ago (we are renting under a fixed one year lease) since we moved in we have had serious ongoing problems with the waste pipe plumbing (toilet backing up constantly) we contacted our estate agent who arranged for a plumber to call out, but the problem keeps reoccuring, and since last January the plumber has been out to clear the waste pipes seven times. The estate agent arranged for a camera to see what the problem is and it was discovered that the piping is mis-aligned in numerous places.
Our problem is that with having young children when the plumber calls a lot of the waste is left on the patio, and the smell in the house is awful. The report from the plumber was that we should use full flushes and it was not necessary to have the pipes fixed, we have done exactly what they said but to no avail. We have since informed the estate agent by letter that we have no choice but to terminate our contract and move on.
I would like to know should I get in touch with the OCBA, or what should I do next? Should I contact a solicitor or go through the OCBA or contact Health and Safety? What obligations does the estate agent have to me regarding this property as it is pretty much a danger for my children and the landlord has not made any effort to permanently fix the problem. We have been excellent tenants and have offered to give a four weeks notice when we find suitable accommodation and we have told them that we will leave our bond in place until the property has been inspected by them. Sorry that this a bit long winded but any advice would be most appreciated.
Thanks

 

[wylie]

I don't know the rules in your state, but I would be chasing the agent up for a letter releasing you from the lease without penalty. Try to make sure you are not locked in to having to give four weeks' notice because that may mean you have to pay double rent for a couple of weeks, and it is not your fault so should not cost you anything.

We had an IP with the same problem. We kept getting tree roots causing blockages and sewereage was backing up downstairs (luckily it was high set queenslander). We replaced the 70 year old clay pipes with new so we will never have the problem again.

I would have never expected our tenant to have to put up with it, and would have released them without penalty if they wished to be released.

If they will not give you the release in writing, I would be taking it further. In Qld that would be the Residential Tenancies Association but not sure of other states. In Qld if such a letter was not forthcoming and I was the tenant, I would go to the tribunal and get it officially.

 

[handyandy]

Just from a LL point of view to have a plumber out 7 times at $150 -200 is in total over $1000 spent just clearing pipe.

For this price (or a little more) they could have replaced the pipe and fixed the problem properly.

We had the same problem tree roots in pipe on regular basis - replaced the clay pipes with plastic no problem since.

From your description of misaligned clay pipes it sounds like uneven settling and the only way to fix this is to replace.

Cheers

 

[csc]

id be calling the health section of your local council if the landload doesnt agree to resolve the issue once and for all.

effluent is a serious health issue...id ensure theres plenty of it present when they turn up and you watch the landlord then fix the problem quickly once council is involved especially with a health issue at stake through a requisition.

good luck.