Who was liable?

This is purely academic at this stage (we've since vacated and moved cities) but I'm curious as to who was actually liable for some costs incurred during our last tenancy. (My husband and I rent for now. Saving to buy.)

We rented a two-bedroom flat on the top floor of a block of units. It was an older-style block, and a great unit, though run-down, with original late-60s fittings (and, frankly, probably the original carpet, too).

The design was odd - there were no windows in the bathroom, toilet or laundry, as they ran along a common wall. The flat next door was a mirror of ours. Instead of windows, there was a ventilation fan which worked automatically. All fine.

Last January, there was some sort of issue with the ventilation. I've no idea what it was; we certainly had no problems at our place. The upshot was that in their wisdom, Strata turned the ventilation off.

As soon as the weather cooled, last April/May, mould began to flower on our bathroom ceiling. We tried to clean it off, but failed despite strenuous efforts. It hung on tenaciously, then within days sprouted on the ceiling of the laundry, loo and master bedroom.

No problem, we thought. We're not professional cleaners; let's call people who are. We called the RE, got the name of their cleaners, had them around and paid for the mould to be cleaned off. No more mould. The cleaner told us it was the most spectacular mould he'd seen in ages and that even as a professional it had been tough to get it all. It certainly looked like a full-on production to get it off.

Sadly, however, it rained again a few weeks later and bingo! It was back, with a vengeance. We called the RE and expressed concern that the mould was a result of the ventilation not working properly. It was at this point that the RE told us Strata had killed the ventilation.

Well, we weren't happy, but we're asthmatic, so we called around the cleaner again, paid him again, and passed the bill onto the RE. We asked if some portion of it could be reimbursed to us by Strata or the landlord. He got back to us and said the landlord wouldn't pay, so they'd pursue Strata.

(I tend to agree with this. The landlord didn't turn of the vents, it was the idiots on the body corporate who did that. The landlord was absentee, overseas, and didn't attend meetings.)

We also pressed for Strata to turn the vents back on. Of course, Strata wouldn't talk to renters, no matter how much we sent letters twisting our metaphorical caps in our hands; we had to go via the RE. After several months of pestering the RE, the vents went back on, but not before a third spectacular flowering of mould. We pressed the RE to have Strata or the landlord pay for this, given we'd paid the first two times and Strata completely ignored our RE's requests to reimburse us for the second cleaning. No dice. They ignored us.

So, the question is: should Strata really have been liable for this? We never did get the money back (not that I care by now; too much grief), and the ceiling wasn't cleaned until after we'd given up and moved out. At the landlord's cost, I imagine.

From the landlord's point of view I imagine this would have been hugely frustrating, too - not only are her ceilings compromised, but she lost good tenants (we're tidy, pay on time, no pets and had been there four years etc.) in favour of the unknown quantity of whoever she got when we left.

Any thoughts?
 
Perhaps I should clarify: I'm not looking for sympathy, nor am I pursuing the matter.

What I'm trying to do is find out to what extent strata management/corporate bodies are liable for these kinds of expenses. It's partly out of pure academic interest, as stated, and partly because while we're not about to invest in property in the short term (not that the share market is that brilliant either right now...) it's a possibility in the medium term, and I would prefer to avoid a similar situation from the landlord's point of view.

In other words, how liable are Strata bodies for the foreseeable results of poor maintenance decisions? Both the tenants (us) and our landlord ended up out of pocket for their mistake.
 
Dyna;396581 It's partly out of pure academic interest said:
The only question is how much money will you waste in trying to get someone to pay the bill,i would not even waste my time..willair.
 
My 2c.....simply because I hate mould. :D

If you lived there 4 years with no mould problem until the vent was turned off, obviously that was the root Of the problem. I don't see it as your responsibility, especially the second time but just who's responsibility it is ... I have no idea so maybe landlord/BC 50/50 !!
 
lets look at this for a perspective of logic , though of course this may not hold up legally.
The landlord is charged with providing tenants with a safe and secure environment in which to live. Is living and sleeping under a mouldy ceiling seen by anyone as being a healthy environment, particularly when in the past there was no mould.

If the mould had remained unchecked it sounds like it could adversely effect ones health.
since your contract is with the landlord the land lord should be paying your costs to have the mould removed if it was a health issue.

The body corp and landlord have their own relationship . The problem is the landlords to sort out.
eg if you by a product from kmart . imported from China, then you don't complain to the manufacturer or the importer.
Your contract of purchase ii with kmart.
 
From what I've read here and know from a RE friend, you should have done what other tenants do, stop paying rent until problem fixed, take it to the tribunal, bleat to judge how you were coughing and ashmatic and wheezing all the time, and got the problem fixed. No money changing hands from you
 
Hi there
I note that I have seen in commercial leases (particularly the shopping centre leases) that landlords will not be held responsible for the lack of services in the centre - if say the airconditioning is not available etc.
Given there is normally no equivalent provision in a residential lease, I would think the landlord is responsible - and if the body corporate has caused the problem - as a member of the body corporate they (the landlord) are in the best position to do something about the problem.
I note that we had a property in Melbourne that used to have constant problems with mould build up - and we just paid to have a handyman go out there with the mould cleaner to remove it on a regular basis.
thanks
 
Responsibility Schedule in a Residential Lease

Tenant - Pay rent (optional most times) & breathing.
Landlord - Everything else.

Simple. :)
 
As an asthmatic myself, I certainly can sympathise with this issue. Moulds excrete some of the most potent toxins known to man in their spores which can severely impact people's health, especially asthmatics and children.

As the mould didn't occur until the ventilation was turned off I would definately suspect the body corporate was responsible seeing as though they made that decision. I wouldn't be surprised if by turning off the ventilation they breached Australian building standards either.

If this happened to me I would definately be pursuing it with the body corp if my health was affected - asthma medication is expensive and not good for you if you have to take it all the time. If I was the landlord, I would also be chasing the body corp to pay for the complete removal of mould as I don't think too many tenants want to live in a mouldy environment.
 
Interesting. Thanks for the responses.

While we're not pursuing the matter (we've moved and frankly I couldn't be bothered chasing the money) it's certainly one to file away in the mental Rolodex for next time we deal with strata management. Hopefully not as a tenant by then.

Cheers!
 
I think the landlord.

You're paying them rent, and for that you expect a level of service. You pay them to be a part of b/c activities. You dont pay the b/c anything, and you weren't a part of it. You tell the landlord of the issue, and they address it.

How, is up to them.
 
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