Landlord Ordered to Pay Tenants $14k Because of Mouldy Property
An interesting story hit Apple News earlier this week, that has implications for Queensland landlords under the new minimum housing standards and also for bodies corporate.
A NSW landlord has been ordered to pay her tenants more than $14,000 after the property she owned became mouldy after heavy rain.
The tenants made an application for compensation in the Civil & Administrative Tribunal earlier this year while the two-bedroom villa apartment was undergoing repairs to damage caused by water ingress and mould.
The tenants claimed the rent they paid was excessive due to the damage caused by the mould and the associated repairs.
They also applied for compensation from the landlord for having their quiet enjoyment of the property interrupted because of the water ingress and subsequent mould and repairs.
“The source of the leaks were failures of the roof and water proofing in the common property of the Strata Scheme,” a decision handed down by the tribunal last month said.
“The water ingress caused water trickles down a wall, through a window, and minor flooding of floor surfaces particularly during heavy rain, which was frequent during this period.”
“The water tracked beneath the wooden floors and skirtings causing some detachment and extensive mould and fungal growth in the underfloor area which broke through the floor surface as black staining.”
In response to the application, the landlord contended she was not responsible for the state of disrepair of the roof and waterproofing of the strata scheme and said it was the responsibility of the owners’ corporation.
In his decision handed down last month, senior member of the Civil and Administrative Tribunal Philip French determined the rent the tenants were paying was excessive for an entire year they were living in the apartment.
French also determined the tenants were entitled to compensation for damage and loss they incurred due to the landlord’s breaches.
He ordered the landlord pay her tenants a total of $14,766 in compensation.
“Although the water ingress related to a state of disrepair in the common property of the Strata Scheme for which the Owners’ Corporation was responsible, on a contractual basis, it is the landlord who is responsible for that state of disrepair as between her and the tenants.”
See the whole article here: https://apple.news/AeXqRiSb7Sz-T0VPPQlIxZQ