NSW Moved into Shared Accommodation - Tenants Rights?

[Think3rrr]

Monday I signed a contract for a one year lease to a share accommodation in a terrace. The owner is renovating the property still so I was one of the new person to first move in to this Share Accommodation he is leasing through a real estate agent.

As the lease was with furniture I requested to have it as unfurnished which the contract was changed. Tuesday I went to check the room and removed all furniture myself with the permission from the owner and agent and was put in the next empty room. I then went ahead and washed the walls and thoroughly cleaned everything as the property is dusty and full of stains and grime on walls and carpet. After I have done this I took photos for evidence of before and after.

Today, Wednesday early morning I sent the photos and requested for the carpet to be replaced as it has blood stains everywhere from previous owner or tenant. I cannot move my belongings into that room unless they change the carpet. The agent then replied if I want to move out of the room I signed for and move into another. I do not want to do that as I will have to do exactly the same procedure as the whole building/house is in the same dirty/dusty/full of grime condition as everything is still under renovations. As well I want the room I want as it is the biggest one hence why I locked in the contract for the room I want.

What is my tenants rights in this situation and does the owner or agent has the right to refuse? I have nowhere to stay now as my previous apartment has now have a new tenant. Please help.

 

[Ivy]

Hi there,

Landlords have to keep premises in a reasonable state of repair and comply with health and safety laws. I suspect that if there is substantial blood on the carpet then they might be breaching one of their obligations. I suggest that you call the Tenancy Union, Law Access or NSW Fair Trading to get their opinion on whether your landlord has to replace the carpet. Contact details for all of them are here: Contact Us - Tenants NSW

You could be up against the argument that the blood on the carpet doesn't constitute not keeping the premises in a reasonable state of repair plus that you knew (or should have known) about the blood because you would have seen it when you inspected the place before agreeing to move in. However it's still worth a shot, so give the above mentioned services a call and see how you go.

 

[Think3rrr]

Hi Ivy,

Thank you for your reply. As stated in my post that I have signed the lease after viewing the property but due to the furnitures being taken out by me, after the landlord did not follow what was requested and honoured on my lease agreement, it was only then that I found the blood stains on the carpet.

So far now this is the situation. I signed the lease to move on 15th June 2015. The real estate told me yesterday that the owner will have carpet cleaner today to wash carpet or whatever they are going to do. I came to inspect tonight and saw that the carpet looks the same which means the stains were still there and I was told by the other tenant that I met the other day that the carpet cleaner person said that it was blood stain and it won't go away. I took a picture and sent the agent a message stating what I was just told and photo that looks exactly the same as I sent him previously to show what it looks like before and after that nothing has changed so I mentioned that this carpet does not comply with OH&S. It needs to be replaced.

Now my problem is that I should have been in the new place ($280/wk) but have been stuck at my old place ($420/wk) which is costing me more than I should and I don't have the money to pay my rent in my old place hence the reason for me signing a new lease to move to. I am now coming into two weeks this week to pay $840 for my old place for overstaying when I should've moved. But I cannot move to the new place because of the carpet not being changed. What is my right and can I be compensated for the situation I have been placed? I still want to move to the new place but just need the carpet changed. If I could send an attachment to show you the state of the carpet you will know that I am not exaggerating. Getting something done by the owner will take another week or if he doesn't then I'm stuck being kicked out where I am at my old place with no where to go except in the street until the owner changes the carpet.

I insisted on changing the carpet with me paying for it for now and just invoice him so this can be resolved quickly as I have no where to go and I need to move to the lease I just signed with them. Why can't the owner just allow me to do that? And if he doesn't can I get him accountable financially because I am the one being stuck financially and out of stability and being so stressed because I have so much to still do which is packing and moving everything on my own and I just don't know where I'm going to get the money on top of everything and not even know where I'm going. I'm having a panic attack!

 

[Ivy]

Hi again,

Have you called the Tenancy Union? I think you should speak with them. I linked their contact details in my first message.

I suspect that in order to chase your new landlord for financial loss and overstaying your old lease, you would have to sue him/her for breach of contract. You could well have a decent chance.
But call the Union!

 

[DennisD]

Hi Think3rrr


Following on from Ivy's useful suggestions, sometimes these matters can take a little while to resolve.


As you have an immediate need for accommodation, one option might be to think laterally to find a short term solution, before resolving the matter in full. This might be using a mat to cover the affected area, engaging your own cleaner, or using furniture storage for a day or two, keeping receipts of everything of course. As I don't know your circumstances in full, these suggestions may be really inappropriate, however the point is to find a temporary solution before resolving the matter in full.