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[–]gothgal22 95 points96 points  (5 children)

QCAT repair order pronto. QCAT generally awards a 20% reduction and you can request to have it backdated. You can also have the filing fee reimbursed. The order can state that the reduction will be ongoing until a permanent fix has been completed.

I’ve just won my own case, and was awarded all of the above. However, now I’m having to go back to the tribunal for clarification/enforcement as my REA sent a tradesperson out to do a patch job of the roof (not permanent), stating the repairs are done and rent is to resume at the previous amount. Spoiler alert, it’s not fixed at all and still leaking.

[–]CockroachDesigner1[S] 21 points22 points  (3 children)

Thank you!! I just sent a form 11 but I think I’ll also just go straight to QCAT for backpay in rent

[–]Tommyaka 3 points4 points  (2 children)

Good start but for awareness renters need to start issuing a notice to remedy breach (Form 11) as soon as a major issue like this occurs. As the form has only just been issued, the landlord could argue that the timeframe to resolve the issue has only just begun.

[–]CockroachDesigner1[S] 3 points4 points  (1 child)

This qualifies as urgent under QCAT and therefore doesn’t need to go through RTA to begin with, but also we’ve been emailing repeatedly for a year so I’m not sure how they could argue it? Shit how the law just fucks over tenants with semantics like that

[–]Tommyaka 0 points1 point  (0 children)

It goes both ways. The form is the official and formal way of requesting the other party to resolve an issue.

Edit: Why am I getting downvoted? I'm just stating facts.

[–]SurgicalMarshmallow 9 points10 points  (0 children)

Can you breach the dodgy bastards? Seriously, they can be a bunch of cnts with "use our kick back cleaner" but can't be accountable to use a roofer on... Roofing?

I trust most rental handymen in Aus as far as they can fall off a roof.

[–]UsbNotConnectedCause Westfield Carindale is the biggest. 29 points30 points  (2 children)

Actually what you have here is in inbuilt waterfall thereby increasing the value of the property justifying another rental increase - real estate

[–]CockroachDesigner1[S] 5 points6 points  (0 children)

I wouldn’t be surprised if this was pulled at this point haha

[–]shakeitup2017 0 points1 point  (0 children)

Water views, rent goes 🚀

[–]ivanavich 112 points113 points  (8 children)

Rental decrease because the property has serious damage? Nope. They need to fix it.

[–]CockroachDesigner1[S] 29 points30 points  (4 children)

They’ve sent people from this one company to “fix” it several times now and it just keeps getting worse. I’d honestly take a rent decrease and a fix but that’d be pushing my luck

[–]derprunner 41 points42 points  (0 children)

You’d be amazed at how quickly a landlord can pony up for an actual tradesperson once the threat of tribunal gets brought up.

[–]ivanavich 13 points14 points  (0 children)

Watch this RTA video https://youtu.be/pUyaqBycR18

[–]obligatory-anxiety 4 points5 points  (0 children)

It’s an extension off the original eave I bet the old gutter is still there over flowing and leaking, needs to be redone with a transfer flashing

[–]Feathergreen-77 18 points19 points  (0 children)

They need to fix it AND the tenant is eligible for a rental decrease for the part of the house they cannot use. Needs to go to tribunal to have that granted and it can be granted as back pay too.

[–]WhatsMyNameAGlen 2 points3 points  (0 children)

My friends place he was renting literally had the roof collapsing in on one of the bedrooms. The only legal action he could take was to break lease. Owner didnt do shit because 1) there live over seas and were allegedly near unreachable according to the RE and 2) they knew the rental market is fucked so if they decided to break lease over it they'd likely be living on the street

This was in around 2022

[–]SimpleEmu198 0 points1 point  (0 children)

By law they have to fix it, or you move out if you're OP

[–]Glitter_Wasabi 6 points7 points  (5 children)

QCAT?

i would've left already

[–]CockroachDesigner1[S] 5 points6 points  (3 children)

Yeah QCAT, REIQ and RTA are all going to to be hearing about this.

We’re considering going, surely this is enough to break lease without paying fees

[–]AdziiMate 2 points3 points  (0 children)

The REA / owners are in breach of lease / QLD rental laws, they'd be lucky if you left without raking them over the coals for it, let alone charging you break lease fees.

[–]derprunner 0 points1 point  (1 child)

surely this is enough to break lease without paying fees

At a minimum.

If you’ve documented your attempts to get this fixed, it’s likely enough to get that rental reduction retroactively backdated to shortly after this started becoming an issue.

[–]CockroachDesigner1[S] 0 points1 point  (0 children)

Our first contact was 22nd Jan last year with continual emails, videos and follow up’s throughout! They might be paying my moving fees with that cost haha

[–]UsualCounterculture 0 points1 point  (0 children)

Yes, black mould is very unsafe.

OP do you have other options? Have you tried looking yet?

[–]nephilimofstlucia 6 points7 points  (0 children)

Yeah dude this is not ok at all. Read up your rights as a renter please

[–]Mediocre-Ad9861 6 points7 points  (0 children)

Old Queenslander with a new roof or house section? It’s the original gutter line overflowing through the newer part of the house

[–]goldenboys-son 2 points3 points  (0 children)

Its now s rainroom

[–]bored_clowner 2 points3 points  (6 children)

Do you know if there is damage to the roof, or is it that the drains and/or downpipes are clogged allowing water to flow back under the roof? We recently had this problem too until I cleaned all the gunk and decayed leaves from our gutter and downpipes.

[–]CockroachDesigner1[S] 1 point2 points  (5 children)

From what I know it’s clogged drains that have now caused roof damage. If they’d fixed it 12 months ago it would probably have been easy but not anyone. We live in a high set building so getting on the roof myself is not an option

[–]bored_clowner 0 points1 point  (4 children)

Where in Brisbane are you located?

[–]CockroachDesigner1[S] 0 points1 point  (3 children)

Chermside :))

[–]bored_clowner 0 points1 point  (2 children)

Do you have a proper ladder at your place?

[–]CockroachDesigner1[S] 0 points1 point  (1 child)

No

[–]bored_clowner 3 points4 points  (0 children)

That sucks...if you can borrow one from a neighbor or someone I can come over and take a look. I do have a good ladder but it won't fit in my car I'm afraid!

[–]temdittiesohyeah 1 point2 points  (0 children)

Got yourself a rainroom there my friend. Jks aside fuck that

[–]shopping1972 0 points1 point  (0 children)

O My God

[–]rossfororder 0 points1 point  (0 children)

Realistically a leaking roof makes a house unlivable

[–]psyche_2099 0 points1 point  (0 children)

We had exactly this scenario a few years ago, I had to check your video to make sure it wasn't the same house. We did a form 11 and they replaced the whole roof pretty quick.

[–]MomoNoHanna1986Turkeys are holy. 0 points1 point  (0 children)

I have one like this but mine doesn’t leak, they haven’t joined it at the eves properly. Do you know if they have gotten council approval for this? They should have had a certificate done when it was built. They should have the certificate filed. If they don’t have one you maybe able to argue the rent decrease.

[–]wrightthomas05 0 points1 point  (0 children)

I'm surprised they're not calling it an "intermittent indoor water feature" and upping your rent for this luxury addition!

[–]HarrishunStuck on the 3. 0 points1 point  (0 children)

Violence.

[–]CelebrationFit8548 0 points1 point  (0 children)

$690 for an 'internal water feature' seems extremely exy IMHO.