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QLD Community Housing and Tenants Rights - Personal Injury Claim?

Discussion in 'Personal Injury Law Forum' started by Fiona Charrington, 3 August 2015.

  1. Fiona Charrington

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    I am vision impaired and living in Community Housing - building owned by Housing &Public works, but leased to Inner Northern Community Housing Association Inc as the property managers. The building is four years old & I am the original & only tenant (including a 16 yr old child).

    Since living here, my son & I have been getting sick, however the length, duration & types of illness has been increasing over this time; especially this year where my son has had a total of 55 days off school with varying degrees of illness. I too have suffered.

    I have complained about rising damp since about 6 months after moving in, only to be told I'm imagining it because the building is new. At every inspection until 2013 I would mention the rising damp - no notice was taken.

    On 30 June 2015, after discovering severe mould around my bedroom furniture & subsequently suffering a severe acute asthma attack requiring ambulance attendance & a hospital visit, I again notified my property manager of the situation.

    They sent out a carpet cleaner to extract the water from my carpet, a plumber to inspect for water leaks & electrician to inspect the power points. The first plumber recommended a building inspection by a builder (well this was what he told me he was recommending) INCH accompanied another Plumber who did a moisture test (was here 30 mins tops) & he advised INCH that whilst my room had higher levels than the rest of the house, it was still within normal readings........

    INCH have said that because they can't a cause the case is closed and aren't even going to fix the mould in my unit - majority of it in my bedroom; but also in the kitchen & some was on my son's things in his bedroom.

    There is a rather large crack on the exterior wall to my bedroom directly under the landing to the stairs for the upstairs unit, as well as several rust stains on the render. After sending photos of these to a Civil engineer; he believes there is foundation failure occurring & is coming out to inspect later this week.

    I'm living in an unfit environment that is a health issue; I can not afford to move.

    What are my tenants rights? Can I apply for personal injury?
     
  2. ShireenHazlett

    ShireenHazlett Active Member

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    Hi Fiona, have you sought medical advice regarding whether the mould exposure has led to both your and your son's symptoms? If so, you do potentially have a claim. However, for a claim to be cost effective you will need to establish any losses you have suffered, i.e. loss of income, medical expenses etc. If there are no losses, a claim will not be cost effective.
     
  3. Fiona Charrington

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    I have blood tests that show that my living environment is causing asthma as well as other complaints. Yes there has been a financial loss involving furniture & other belongings that insurance would only cover a small portion of. Then there is the 55 days of school this year alone that my 16 year old has had & he is in grade 10.

    This has been ongoing (health issues) since 6 months after we moved in her in 2011......

    Getting gradually worse.
     
  4. ShireenHazlett

    ShireenHazlett Active Member

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    Hi Fiona, unfortunately the furniture and other belongings would not be covered in a personal injury claim. Nonetheless, you should probably contact a personal injury solicitor to discuss the feasability of a claim.
     

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