Introduction:
In a case heard before the Tribunal, renters filed an application for urgent repairs under section 73 of the Residential Tenancies Act 1997 (Vic). The Tribunal found the rental provider in breach of its duty to maintain the rented premises in good repair and ordered urgent repairs, specifically the removal of all mould and related remediation work the required date as ordered by tribunal. What followed was a complex legal battle over compensation, tenant rights, and the sensitive issue of mould exposure.
Background:
The rental agreement between the renters and the provider was for a fixed term of 12 months. Trouble arose when,, the renters discovered a mould issue in the laundry due to a hidden leak. The rental provider took action by sending repair personnel, but the situation escalated as the renters, particularly one with sensitivity to mould, expressed concerns about the proposed mould remediation methods.
The Legal Dispute:
The renters claimed that the rental provider breached its duties under sections 65A, 67, and 68 of the Act by failing to maintain the property, ensure quiet enjoyment, and comply with rental minimum standards regarding mould. The renters argued that none of the provider's planned mould remediation would remove the mould as ordered by the Tribunal. They also sought compensation for various losses, including accommodation, damaged belongings, and medical expenses, totaling $17,146.41.
The rental provider's defence contended that they made reasonable efforts to remediate the mould issue and argued that renters cannot dictate remediation methods. They maintained that renters did not grant access to their personnel, further complicating the situation. Additionally, they claimed that the renters failed to mitigate their losses by refusing the Mould Doctor's planned treatment.
One critical aspect of this complex rental dispute revolved around the lack of an option presented by the Mould Doctor to address the mould-affected drywall adequately. The Mould Doctor's proposed remediation plan, which involved treating the mould and fogging the entire house, did not include the removal of the mould-affected drywall or addressing the mould present in the ceiling cavity, as indicated in the Report provided by Dr. Cameron L Jones, a microbiologist and mycologist with expertise in fungi.
The crux of the matter was that the Renters felt strongly that a more comprehensive approach, including the removal of the affected drywall, was necessary to comply with the Tribunal's order dated September 30, 2021, which explicitly required the "removal" of all mould at the rented premises. Their stance was based on both health considerations, especially for a tenant with mould sensitivity, and the understanding that the mould problem extended beyond the suggested scope of works provided. .
However, the Mould Doctor, as an external specialist, was not authorised by the Rental Provider to remove walls or drywall. This limitation in their scope of work created a significant impasse in the remediation process, leaving the Renters and the Rental Provider at odds regarding the most appropriate course of action to meet both health and legal obligations.
Ultimately, this dilemma highlighted the challenging nature of mould remediation in rental properties, especially when health concerns are involved. It underscored the importance of clear communication between all parties, the need for comprehensive solutions that align with legal orders, and the requirement to address health-sensitive issues appropriately, even when they fall outside standard procedures.
In this case, the absence of an option to remove the mould-affected drywall added complexity to an already intricate dispute, further emphasising the importance of considering all facets of a problem when addressing rental property issues.
The Tribunal's Decision:
The Tribunal acknowledged the complexity of the case and the sensitive health condition of one of the renters, who was highly sensitive to mould exposure. While renters do not typically have the right to dictate remediation methods, the Tribunal found that in this unique situation, the renters had the right to insist on methods that would ensure their health and comply with the law.
The Tribunal concluded that the rental provider did not do enough to reasonably address the mould issue, especially considering the ongoing presence of mould in the property. As a result, the rental provider was found in breach of its duty under section 68(1)(a) and (b) of the Act.
Regarding compensation, the Tribunal dismissed the renters' claim under section 65A of the Act but proceeded to consider their claims under section 67 and section 472. The decision on compensation is pending further discussion.
Conclusion:
This case underscores the complexity of rental disputes involving health concerns, mould remediation, and tenant rights. While renters typically cannot dictate remediation methods, unique circumstances, such as health sensitivities, may warrant exceptions.
It's essential to highlight that not all mould remediation specialists follow the same approach. For instance, when you receive a quote from Mould Cleaning Australia, you are presented with two options for remediation.
This demonstrates that there are professionals in the industry who understand the need for comprehensive solutions. One option focuses on the surface treatment of mould, while the other provides the choice to remove mould-affected materials where necessary.
The case we've discussed underscores the importance of timely action, effective communication, and comprehensive solutions in addressing mould issues in rental properties.
The Tribunal's ruling in favour of the tenants demonstrates the significance of compliance with legal orders and the need to consider unique circumstances, particularly when health sensitivities are involved.
As tenants, landlords, and mould remediation specialists navigate the complexities of mould-related problems, the availability of comprehensive solutions, as seen in options provided by Mould Cleaning Australia, can make a significant difference in achieving a safer and healthier living environment for all. It's a reminder that with the right approach and professional guidance, mould issues can be effectively addressed, ensuring the well-being of tenants and the integrity of rental properties.
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