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VIC Are Landlords Obliged to Advise Tenants of Asbestos?

Discussion in 'Australian Consumer Law Forum' started by Elise258, 25 August 2016.

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  1. Elise258

    Elise258 Active Member

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    I would like to know whether landlords are obliged to advise tenants of asbestos. The garage at my rental property contains a garage made of asbestos sheeting and in a very bad state with large cracks & broken sheets( located in the garden beds). This garage was used to store a lot of my goods as the inside of the property has no storage.

    I had complained to the agent a number of times regarding my concerns and have then been given 60 days notice to vacate. I would like help regarding the possible exposure to asbestos.

    Thank you
     
  2. Rod

    Rod Well-Known Member

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    Until you develop a medical condition, in 40 years time if at all, your claims are very limited. Even then, proving it was the garage in a rental property from 40 years ago is tough to prove.

    It may give you the option of breaking the lease without penalty but that is moot now as they have given you notice to vacate.

    Many people lived, and still live in houses with asbestos sheeting and never develop asbestosis. Asbestos is in more older products such as lino than most people realise.
     
  3. Elise258

    Elise258 Active Member

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    Thanks,
    So am I not entitled to be told this before signing a lease. My children are who I'm concerned about as they played in the garage and a lot of our belongings were kept in there.
     
  4. Rod

    Rod Well-Known Member

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    I'm not aware of a government rule/law requiring mandatory disclosure of asbestos on a property. The landlord does owe a limited duty of care to tenants but it is not clear this extends to mandatory declarations of asbestos on the property. At best all you can hope for is to terminate the lease without penalty and the landlord to pay reasonable moving costs. However as you have already been given notice to vacate, assuming the notice is valid, then you don't appear to have any cause of action.
     

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