LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

QLD Can I Sue Landlord for Negligence?

Discussion in 'Property Law Forum' started by crltonfc, 8 October 2016.

  1. crltonfc

    crltonfc Member

    Joined:
    8 October 2016
    Messages:
    2
    Likes Received:
    0
    After my landlord not doing urgent repairs (leaking roof in master bedroom), I first sent them a letter. After getting no reply for 2 weeks, I then sent them an email after another 2 weeks of inaction. I sent them a Breach of Duty of Care. After another 2 weeks of inaction, I filed at VCAT where the landlord was ordered to complete the repairs in 2 weeks,which was then done.

    Yesterday VCAT ordered my landlord to reimburse me $2800 for damaged goods and some rent refunded. During the 21/2 months my kids could not stay with me and I became depressed due to limited contact with my kids because of the extreme mould, smell of rotting carpet. I was basically confined to the 2nd bedroom, which had all the contents of my master bedroom stuffed in there, so I hardly had any room.

    During this time, I was also going through a custody of children battle that I had to put on hold until the repairs were completed and that caused me more pain and suffering. I also couldn't eat in the kitchen as I had cancer and was advised not to work around paint or dyes. All this time, I was breathing in mould and fibreglass fibres.

    I have a cystoscopy next week and due to breathing all this crap, I was put under more stress. I also had to eat take away most nights cause I was too scared to prepare food in the kitchen and ingest mould.

    I just want to know if I can claim for pain and suffering due to the inaction, negligence and incompetence of my landlord. It has been 3 months since I notified the landlord of the urgent repairs.
     
  2. Victoria S

    Victoria S Well-Known Member

    Joined:
    9 April 2014
    Messages:
    444
    Likes Received:
    44
    You may have a case. Landlords do owe occupiers a duty to take action to prevent foreseeable risks of injury. In this case, there was clearly financial loss which you have recovered through VCAT. However, you would have to prove that it was foreseeable that by failing to conduct repairs in a timely manner would lead to the physical and mental damage that you are alleging.

    Obviously you would also need to obtain evidence of physical and mental health issues arising directly out of this event which may be difficult, if you had pre-existing conditions. Its not out of the question, I would just go and speak with a personal injury lawyer directly and have a free consultation.

    They will be able to get your full story, do some research and tell you whether or not its worth pursuing. If it's not, they will tell you.
     
    crltonfc likes this.
  3. crltonfc

    crltonfc Member

    Joined:
    8 October 2016
    Messages:
    2
    Likes Received:
    0
    I did tell them in the first letter that I'm stressing because of my condition and that I was upset at not seeing my kids. I was only paid money for damaged goods and some rent. I never actually got any compensation for anything.
     

Share This Page

Loading...