My elderly parents have an investment unit they rent out and is managed by a real estate agent. Between the last 2 inspections there was a period of 2 years and 2 months during which time there was extensive damage to the property and severe mould in the 2 bedrooms and bathroom to the extent the bathroom ceiling needs replacing. Insurance and bond will cover some of the damage. I was told that the mould is the tenant's responsibility, however the tenant is not contactable and the damage could easily been mitigated if the inspections were every 6 months which they state they do. Quotes for professional mould removal and replacement of bathroom ceiling are around $4500 in total. The agent is refusing any responsibility however have offered a waiver of 6 months (initially it was 3) and no re-listing fees. I have tried to negotiate, suggesting we split the costs, but was refused.
To complicate matters, there was a damp patch/leak discovered on one of the bedroom floors which strata have inspected but after 3 months and continued calls from agent, they have not responded. This could have contributed to some of the mould, but not all.
Do I have grounds to lodge a tribunal hearing against real estate agent on the grounds of professional negligence / breach of duty of care?
To complicate matters, there was a damp patch/leak discovered on one of the bedroom floors which strata have inspected but after 3 months and continued calls from agent, they have not responded. This could have contributed to some of the mould, but not all.
Do I have grounds to lodge a tribunal hearing against real estate agent on the grounds of professional negligence / breach of duty of care?