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  1. #1
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    Default Breaking a lease...

    What would you define as inhabitable?

    We live in a small old 2 bedroom apartment.
    There is a leak in the shower pipes in the wall, it's been a slow progression from damp carpet along the lounge room wall to salt deposits all along the wall (wet concrete) to now a puddle of water in front of our couch every night or two. The carpet doesn't dry in time and constantly smells musty and wet. A plumber finally came today to confirm the leak.

    There's no way they can replace the carpet with us here, and the entire wall has to be stripped.

    Are we well within our rights to break our lease without it costing us? We have 3 months to go.

    Would you move?

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  2. #2
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    Quote Originally Posted by callmedragon22 View Post
    What would you define as inhabitable?

    We live in a small old 2 bedroom apartment.
    There is a leak in the shower pipes in the wall, it's been a slow progression from damp carpet along the lounge room wall to salt deposits all along the wall (wet concrete) to now a puddle of water in front of our couch every night or two. The carpet doesn't dry in time and constantly smells musty and wet. A plumber finally came today to confirm the leak.

    There's no way they can replace the carpet with us here, and the entire wall has to be stripped.

    Are we well within our rights to break our lease without it costing us? We have 3 months to go.

    Would you move?

    Sent from my LG-P716 using The Bub Hub mobile app
    If there is a risk of mould or wet deposits around the home, I would consider it uninhabitable. As an former insurance agent, a lot of people left their homes because of mould or "water damage". As a tenant, the owners aren't going to replace your property either so your well within your rights to protect your health and possessions.

  3. #3
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    If it were me, I'd speak to the agent or landlord and try and come to an arrangement. You never know if you never ask... If that didn't work, I would kick up a stink about it being a health hazard (mould, respiratory issues etc), serve some Dr repts on them and and break the lease.

    What is the agent or landlord like?

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    a LL is legally required to repair a leak within a set amount of time, failure to do so is failing to meet his legal obligations,
    Ring the tenancy tribunal, do you have proof of request for repair?

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    Quote Originally Posted by ThenThereWereThree View Post
    a LL is legally required to repair a leak within a set amount of time, failure to do so is failing to meet his legal obligations,
    Ring the tenancy tribunal, do you have proof of request for repair?
    The leak is being repaired, plumber come today and said he'll be in contact (assuming he has to talk to the owner first) but the carpet and wall they've said nothing.

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    Quote Originally Posted by Que Sera View Post
    If it were me, I'd speak to the agent or landlord and try and come to an arrangement. You never know if you never ask... If that didn't work, I would kick up a stink about it being a health hazard (mould, respiratory issues etc), serve some Dr repts on them and and break the lease.

    What is the agent or landlord like?
    Bit of a hit and miss... We've had an oven replaced (heat element was rusty and fell off), toilet leak fixed, blinds replaced after ages (ripped when we moved in) and bathroom cupboard doors replaced but have been asking for our stove to be fixed for almost a year and nothing.

    How would we go about getting reports?

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    We had a leak in a unit we owned a few years ago. We paid for the tenants to stay in a motel for 4nights while the leak was fixed and carpet & walls repaired

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    Quote Originally Posted by callmedragon22 View Post
    The leak is being repaired, plumber come today and said he'll be in contact (assuming he has to talk to the owner first) but the carpet and wall they've said nothing.

    Sent from my LG-P716 using The Bub Hub mobile app
    how long has the leak been going on for?
    If its been a while I'd ring the tribunal, mention the damage t them, pretty sure mold is considered a health hazard and legally required to be delt with,
    But the tenancy tribunal can advise you of all your rights

  9. #9
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    Quote Originally Posted by ThenThereWereThree View Post
    how long has the leak been going on for?
    If its been a while I'd ring the tribunal, mention the damage t them, pretty sure mold is considered a health hazard and legally required to be delt with,
    But the tenancy tribunal can advise you of all your rights
    Thank you, I will

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  10. #10
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    Quote Originally Posted by RmumR View Post
    We had a leak in a unit we owned a few years ago. We paid for the tenants to stay in a motel for 4nights while the leak was fixed and carpet & walls repaired
    Oh that's good to know, hopefully our owners are that proactive!

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