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Discussion in 'Property Law Forum' started by mardi white, 31 May 2015.
I had an accident in the house I
lease. Can I take legal action?
Can you please give more details about the accident:
1. What type of accident?
2. Where in the house/ what was it about the house that contributed to the accident?
3. How long ago?
4. What medical expenses/ time off work or ongoing rehab expenses have you had to pay?
the house i am living in when i first moved in seven months ago needed alot of repairs there are cracks every where i speak to the real estate at least once a week asking them when they are going to do something as it is dangerous they respond with they cannot get on to the owner or they have called someone to come and look at the problems.
i am still waiting in the second bedroom the corness has always been quite bad since i moved in it has been falling so ihave not let anyone sleep in there but i did have my sons furniture and clothing in there four weeks ago my son and i were takeing his items out of the room when the corness fell and landed on my lower back i went straight to the doctors my back was swollen and verry sore since then i have had no bladder controll and have had constant bleeding.
i have another doctors appointment this week my doctor wanted me to have some psycho but i have not been as yet due to the other issues and i do have an pre-existing back condition which i am on the DSP but this is in a different part of my back since i moved into this house i have had a constant battle with the real estate about the state of the house just recently a different real estate came through to value the house as the owners need to sell the agent told me he had never seen a property that has had as much movement as this and said that i should find another house as it is unsafe i am stressed out. i have three children in the house. i have been worried since i moved in about the state of the house .
i live in a small town and it is hard to find property to rent i feel like the real estate i rent through dose not listen to me and my concerns i feel like i am having a nervous breakdown and my back and other things on top of it thankyou for your time mardi
In regards to the serious issues with your rental property:
It sounds as though you
will probably have to take this dispute to the NSW Civil and Administrative Tribunal. They can make a determination to compensate you based on the poor condition of the house. How long has this been going on? Because a time limit of three months (to apply to
NCAT) can apply.
What you should do first is:
1. Write down and take photos of all the problems with the house.
2. Collect all
evidence you can of your medical condition resulting from injury
3. Gather evidence of all correspondence between you and real estate agent/s.
4. Write down what the most recent real estate agent said about how dangerous the house is and when he said it (even better, email him, asking him to describe why he thought the house is in bad condition when he visited and hopefully he will reply confirming what he saw)
NSW Fair Trading and make an official complaint about the state of your house. Explain to them the whole situation including how long this has been going on, Real Estate Agent responses, your injury and so forth. NSW Fair Trading's phone number is 13 32 20.
6. Get tenancy and legal advice. Tenants NSW is a good place to start. Here is their contact page: Contact Us - Tenants NSW On their contact page is also the phone number for Law Access who may be able to provide you with further information or a referral for legal assistance. Alternatively, or in addition, you can get in contact with your local community legal centre.
7. From there, you will probably have to make an application to NCAT.
Due to the time limits that normally apply, I suggest that you move forward with these enquiries as quickly as possible. (You don't need to have finished compiling all your evidence before calling NSW Fair Trading, Tenants NSW, Law Access etc)
In regards to specific
compensation for your injury:
NCAT isn't the place to bring a
personal injury claim. NCAT would potentially make an order for you to have rent reimbursed, possibly compensation to help with moving costs (speak with Tenants NSW about what exactly you would be compensated for).
For your personal injury claim, you should seek legal advice and find someone to represent you in making a claim. Again, your local Community Legal Centre is a good place to start.