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Answered in 5 minutes by:
6/12/2019
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 33,965
Experience: Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
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Related Australia Law Questions
A former landlord has approached a former tenant about four
A former landlord has approached a former tenant about four months (vacated on 1 February 2021) after premises were vacated and the bond returned to said tenant. It is understood that landlord and agent came to inspect premises and were satisfied hence bond was returned.It appears that there was no final condition report prepared or provided to said tenant on termination of lease agreement. Its understood that the premises were rented for a time after the former tenant had vacated. But premises may now be vacant again.The landlord is now asking for costs for a through clean up to be done and a clearance certificate is obtained. The reason being that the now ex partner of said tenant (who was also a co-tenant) was arrested on drug charges and has been on remand since September 2020.Said tenant was not aware of ex partner's activities but was also charged and has had all assets and personal bank account frozen since September 2020 by NSW Police.It is understood the media had reported the premises were used as a meth lab but former tenant who has been given limited information (english is not first language) has been made aware after the fact that only a larger amount of drugs were located at the premises.Landlord has advised that they had paid for a professional to test the property and the result came out pretty bad, the property was contaminated heavily.Landlord also advised they had obtained a few quotes to clean up the property so it's legal for another tenant to live in. Landlord is claiming costs to clean up is around $50,000 plus the cost to replace the whole timber and wardrobe as well as other stuff that can't be decontaminated. Also with the property vacated, there is no rental income to cover the bank. Landlord is saying that the conservatively estimated loss related to the property as a result of said meth lab would be close to $100,000.Landlord advises that Fair Trading says as the previous tenant who caused this, they are responsible for what happened. But the former tenant was not aware of said alleged illegal activities by ex partner, is still in shock, has a newborn, on maternity leave is unemployed and has no access to finances and is not able to open any bank accounts since September 2020.My questions are:1. What is said former tenant's responsibility once bond was returned and new tenants were albeit renting the premises for a time.2. Is the former tenant liable for these costs for something they didn't do.3. Should said tenant be provided with copies of the results/quotes landlord claims to have obtained. The amount seems excessive for a clean up.4. Is former tenant required to seek independent assessment and quotes. Landlord has indicated by text that they are willing to settle matter without going to Tribunal. More importantly former tenant may have no choice but to declare bankruptcy due to actions of ex partner.I'm sending this query on behalf of the former tenant who no longer resides in NSW as she is currently being supported by friends interstate and we are concerned that she will need to seek legal advice on NSW tenancy laws. Any assistance you can provide is appreciated. … read more
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).
