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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My four children and I have just barely escaped a fire in

Customer Question

Hi my four children and I have just barely escaped a fire in the middle of the night from the time I noticed something wrong the house was gone within 5 mins the landlord had never had a safety check on the brick fireplace I've lost everything my children are a mess I have minor injures what should I do
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months ago.
Good EveningMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.I assume you did not hold any contents insurance?Are you saying that the landlord was negligent and the fire place was not fire rated?
Customer: replied 5 months ago.
No the fire was not fire rated it hadn't been inspected or checked for the whole 2 years I was there my 4 children and I made it out with 10 secs to spare at 2 am
Customer: replied 5 months ago.
The house is gone there is nothing left of it
Expert:  Leon replied 5 months ago.
Good AfternoonThese are issues that you have to be able to prove and if you have correspondence that you raised it with them and they did nothing you can sue them. But if there is nothing then it is going to be a problem. Has a report been provided by the firebrigade about what caused the fire? Does it blame the building and point to the owners negligence?
Customer: replied 5 months ago.
The fire brigade have blamed the chimney for the fire and it hasn't been cleaned or checked since being there I had brought to the attention that both fires needed checking the coonara in the other room had no safety rope around the glass and the glass was cracked so I only used the front open fire which was set up for use fire tools safety sheild and fire tools but the chimney itself was the cause it had holes in the bricks where the mortor had come away causing the fire to start in the roof a safety chech has to be done annually which wasn't and if the fire was not to be used it has to be sealed
Customer: replied 5 months ago.
The fire brigade has declared the chimney to be at fault and yes it is the owners negligence
Expert:  Leon replied 5 months ago.
Good AfternoonIf you have the report then you can use it to sue the landlord in NCAT

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