I get a lot of mail with questions from people who are looking for a solution to a difficult situation. Sometimes I have the answers straight away, other times I have to look for them and do some extensive research before I come up with an idea of something to try. Whenever I have the people’s permission, I share the problem and the potential solution on homeiown.com, hoping that it might help someone else out there.

Today I was asked by Andrew and Paula (not their real names), two tenants who found themselves in a very unpleasant situation:

“I’ve been renting a house in {Melbourne Suburb}, after we moved in the neighbor told us that drug addicts lived in the house prior to us, my wife and I were lost for words to what we have just been told.

Have you any advice?”

Here’s what I said:

There is a set of minimum standards that apply to rental accommodation. A description of these standards can be found here, in a document released by Victorian Government in November 2009.

Section 2, page 9 of this document deals with Building Provisions – in other words building standards enforced by local council. Here is what is says below Health and Amenity:

The Building Act 1993 empowers local councils to take enforcement action in relation to buildings to ensure compliance with these standards. This includes the power to make a building notice or order against a building that is unfit for occupation or is a danger to health, safety or life, regardless of time of construction.

I think your case clearly falls under “danger to health” category.

The same document, Section 1, has a paragraph on Urgent Repairs. Urgent repairs is something that requires a 14-day notice to the landlord, and they then must reimburse a tenant for the repairs (up to $1000). Here is what’s included in urgent repairs (quoting from the same document):

Under the RTA, “urgent repairs” means:

• A burst water service
• A blocked or broken lavatory service
• A serious roof leak
• A gas leak
• A dangerous electrical fault
• Flooding or serious flood damage
• Serious storm or fire damage
• A failure or breakdown of any owner supplied essential service or appliance provided for hot water, water, cooking, heating or laundering
• A failure or breakdown of the gas, electricity or water supply
• An appliance, fitting or fixture provided by the rooming house owner that uses or supplies water and that is malfunctioning in a way that results or will result in a substantial amount of water being wasted
• Any fault or damage that makes the house unsafe or insecure
• A serious fault in a lift or staircase

The bullet point in bold describes your situation. With needles stuck in the carpet and a known history of drug-addicts living there before you, the carpet is unsafe, especially with kids around.

You could write a letter to your estate agent and the landlord, send it via registered post, attach this document with relevant paragraphs highlighted and explain that you are going to involve the local council and file a complaint under Building Act 1993 and that you have the right to replace the carpet as urgent repairs and they will be liable for the costs. Should they refuse to pay then you can take them to the VCAT. I think that after such letter they will learn that you know your rights and will go along with this.

One more thing worth doing is a call to Consumer Affairs Victoria, they have a department that deals with rental properties. Listen to their advice – they are very experienced in solving tenancy disputes.

P.S. I am not a lawyer and the article above does not constitute legal advice. This is, however, what I would have done in similar situation – based on the official guidelines that I read and listening to my common sense.