Major problem with upstairs flooring in rental

Hey all,

We have a major issue with the flooring in the townhouse we are currently renting. There has been extensive water damage from two leaking showers which we have just found out has resulted in the upstairs floor rotting.

I actually just arrived back from QLD after checking out my first potential IP in redlands shire (which I didn't buy), what a situation to come home to!

Inititally water started leaking through one of the lights in the kitchen, both the showers were resealed and the leaking stopped. The plumber came out and cut a hole in the roof where the water was leaking from today (kitchen roof) and we discovered the floor was rotted. The ensuite bathroom is above the kitchen (started leaking through the kitchen light), to our horror as the plumber was walking around in the main bedroom trying to locate where the rotting floor was, the weight of his foot caused the floor to cave in leaving the kitchen visible from where we were standing!!!! Our bed is right next to this area and I can't even imagine what would have happened if we hadn't located this problem, I would probably have two broken legs!

Anyway, I am not sure where we stand legally. The plumber has declared the situation an absolute emergency that needs to be fixed ASAP and has told us to collect what we need from upstairs and under no circumstances are we to go up there until it is fixed. Apparently the kitchen roof is going to have to be removed so they can assess how far the rotting has spread.

I spoke to the PM today who is the most absolute pretentious, obnoxious, rude, arrogant, self infactuated witch who advised us that we can stay but we will have to live downstairs. She also told me we will still have to pay full rent while the repairs are being undertaken, whether we chose to go or stay. The plumber said legally we do not have to pay rent, and the landlord has to pay for alternate accomodation if we chose to stay elsewhere until repairs are finished.

Any insight would be great.

Regards

Erin

PS I will post a pic of the damage soon.
 
Question: Who got the plumber in? If you did without telling the PM then it may be a can-o-worms.

But if the PM was advised and arranged for the plumber I would hazard to guess that your PM is wrong. Unless the PM thinks the plumber is not skilled in advising if it is structurally sound.

If it is not safe to venture upstairs you do not have a bedroom nor shower, so two basic needs of a place to sleep and bathe can't be provided and thus it is not habitable.
 
I would be contacting the appropriate authority who looks after tenancies (in Queensland it is the Residential Tenancies Association but don't know about NSW). They will put you straight.

Don't let the PM bully you. What would have happened if you had fallen through the floor? Doesn't the PM have ANY common sense or decency. It is not her rent that will be unpaid.

I'd think that in Brisbane your circumstances would mean you have to move out. I'd call no bedroom or shower and a hole from one floor to the next "uninhabitable". I'm sure you would have no trouble convincing the PM's supervisor. Take plenty of photos.

The owners should be falling over themselves to fix this and make sure you are kept on side, I would think.

Wylie
 
I spoke to the PM today who is the most absolute pretentious, obnoxious, rude, arrogant, self infactuated witch ....

Sorry to hear what you are going thru erin..... yet there was this tiny voice in the back of my head that I just couldn't make go away saying "I want that PM!" :D

Cheers,

The Y-man
 
The landlord just rang me personally, this is the first time in 2 years I have ever spoken to him, he said that he wasn't aware the PM told us we still had to pay full rent even though the premises was declared uninhabitable and he offered us a 50% discount in rent until the issue is rectified. We had a good old chat and it turns out the PM hasn't been telling him a lot of things! He is coming round this arvo to inspect the damage himself, poor guy.
 
The landlord just rang me personally, this is the first time in 2 years I have ever spoken to him, he said that he wasn't aware the PM told us we still had to pay full rent even though the premises was declared uninhabitable and he offered us a 50% discount in rent until the issue is rectified. We had a good old chat and it turns out the PM hasn't been telling him a lot of things! He is coming round this arvo to inspect the damage himself, poor guy.

Ok, I've changed my mind - don't want this PM! :eek:

Cheers,

The Y-man
 
Back
Top