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NSW Tenants right termination of fixed term agreement

Discussion in 'Property Law Forum' started by Dan Patel, 16 April 2018 at 4:30 PM.

  1. Dan Patel

    Dan Patel Member

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    Hi,

    Just moved In to our rental property this Friday and found Mould under the sink eating all the wood and surrounding the water filtration system. Stove not working, gas cylinders empty. Can I use this as grounds for breaking the fixed term lease without incurring any fee and claim for any moving costs? Need urgent help.
     
  2. Rod

    Rod Well-Known Member

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    Probably not. I can't see a serious and immediate safety issue. Mold is serious, but not immediate as in same day immediate.

    You need to give the landlord a reasonable chance to rectify the problem. 7 or 14 days would seem reasonable when mold is present but don't quote me. The amount of mold is the issue and hard to say without photos.

    Is the stove not working because because the gas cylinder is empty? If so, you get a new cylinder unless your lease says the landlord pays for it (unlikely). If it is not working for some other reason then it should also be fixed ASAP.

    If you move without giving the landlord an opportunity to fix the problems you will be liable for break fees. Make sure you document everything NOW with photos and report to the agent/landlord asap.
     
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  3. Dan Patel

    Dan Patel Member

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    Hi Rod,
    Thank you for your advice.
    More details: It is probably Black Mold as it has a pungent smell. If we open the cupboard door even just to take a photo, the smell is overwhelming. Also, the Mold is on the filtration system which is why we don’t even use the kitchen sink.
    They have provided around 400 photos with the condition report, opened each and every cupboard of the kitchen and took a photo except for this one.
    I find it hard to breathe near the Mold and my wife just got a headache when she opened the cupboard to take a photo. Would you consider this a breach of the section 52, 1 and 3 of the residential tenancies act 2010?
     
  4. Rod

    Rod Well-Known Member

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    Again hard to know. The test isn't what you and your wife think is a health issue, it is what a reasonable person would think.

    I note that if the condition report was sighted before signing the lease and had photos of the inside of every cupboard except the one with mold you may have a case for deception/misrepresentation. Their counter however will be you had the opportunity to open the cupboard before signing the lease.

    Best thing is call the agent/landlord asap and discuss the issue with them in a polite but firm tone to fix the mold this week, and if needed the stove, and see what they say. Post back here when you get their response.
     
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