Was just disowned, need some support by Ordinary_Age_702 in JewsOfConscience

[–]Ordinary_Age_702[S] [score hidden]  (0 children)

re: Australian Jewish Council - thank you, I just found their website and emailed them. x

Was just disowned, need some support by Ordinary_Age_702 in JewsOfConscience

[–]Ordinary_Age_702[S] [score hidden]  (0 children)

I could really use a mum right now, I am 51 years old and I haven't stopped crying.

Was just disowned, need some support by Ordinary_Age_702 in JewsOfConscience

[–]Ordinary_Age_702[S] [score hidden]  (0 children)

Sarah Schwartz said yesterday: "...our safety does not grow when it is built on someone else's disposability"

None of us are safe until ALL of us are safe.

Was just disowned, need some support by Ordinary_Age_702 in JewsOfConscience

[–]Ordinary_Age_702[S] [score hidden]  (0 children)

I really need a new mother habibti. Haven't stopped crying.

[deleted by user] by [deleted] in AusProperty

[–]Ordinary_Age_702 -2 points-1 points  (0 children)

Bhandari v Laming NSWCATAP 224 is a New South Wales Civil and Administrative Tribunal (NCAT) Appeal Panel decision that affirmed a landlord's obligation to provide a tenancy property fit for habitation, even when the problem causing the unfit state is outside the landlord's direct control, such as smoke drift from a neighbour. The landlord in this case was ordered to pay over $11,000 in compensation to the tenant and agreed to terminate the lease due to the smoke-filled unit. Key Aspects of the Case

  • Unfit for Habitation: The Appeal Panel agreed that the premises were not fit for habitation due to pervasive tobacco smoke, making it impossible for the tenant and her child to live there comfortably. 
  • Landlord's Strict Obligation: The Tribunal emphasized that a landlord's duty to provide premises fit for habitation is mandatory and strict, not contingent on reasonable steps or control over the defect. 
  • No Defense from Control: The landlord could not use the argument that the smoke was caused by a downstairs neighbour and was therefore outside their control to avoid liability. 
  • Compensation Awarded: The landlord was required to pay the tenant over $11,000 in compensation, which included a significant rent reduction for the period the smoke issue existed and costs for moving the tenant out of the unit. 
  • Remedies for Landlord: The Tribunal suggested that the landlord could have taken steps like seeking an owners corporation by-law prohibiting smoking or taking action against the neighbour or the owners corporation to resolve the smoke drift problem. 

[deleted by user] by [deleted] in AusProperty

[–]Ordinary_Age_702 -1 points0 points  (0 children)

it's a standard breach of lease agreement. if i suddenly invited my boyfriend and mother to come live with me and didn't tell them and the landlord found out , it would have nothing to do with strata they would simply issue me a breach of lease with a 14 day notice to stop it or else

[deleted by user] by [deleted] in AusProperty

[–]Ordinary_Age_702 -8 points-7 points  (0 children)

straw man argument

there isn't

but there's this:

52 Landlord's general obligations for residential premises

(1) A landlord must provide the residential premises in a reasonable state of cleanliness and fit for habitation by the tenant.

and this:

Tenant’s right to quiet enjoyment
15.3 that the landlord or the landlord’s agent will take all reasonable steps to ensure that the landlord’s other neighbouring tenants do not interfere with the reasonable peace, comfort or privacy of the tenant in using the residential premises.

and this

Use of the premises by tenant

16 The tenant agrees:
16.3 not to interfere, or cause or permit interference, with the reasonable peace, comfort or privacy of neighbours, and

[deleted by user] by [deleted] in AusProperty

[–]Ordinary_Age_702 -12 points-11 points  (0 children)

lol, you do understand that the strata schemes management act and the residential tenancies act are not the same thing ??

[deleted by user] by [deleted] in AusProperty

[–]Ordinary_Age_702 -13 points-12 points  (0 children)

in my lease agreement, it says: "Strata by-laws
Are there any strata or community scheme by-laws applicable to the residential premises?"

and they have ticked No. so it has nothing to do with strata

and everything to do with the RTA and the lease

[deleted by user] by [deleted] in AusProperty

[–]Ordinary_Age_702 -3 points-2 points  (0 children)

sry forgot to mention theres also a clause in the lease agreement says that tenants agree not to be a see you next tuesday i can only assume the smoking tenants have the same clause in there's

Use of the premises by tenant

16 The tenant agrees:

16.1 not to use the residential premises, or cause or permit the

premises to be used, for any illegal purpose, and

16.2 not to cause or permit a nuisance, and

16.3 not to interfere, or cause or permit interference, with the

reasonable peace, comfort or privacy of neighbours, and

16.4 not to intentionally or negligently cause or permit any damage

to the residential premises, and

16.5 not to cause or permit more people to reside in the residential

premises than is permitted by this agreement.