- This topic has 1 reply, 2 voices, and was last updated 10 years ago by .
-
Topic
-
I rent in a building of 12 units. The garage walls are all covered in a white dust, which has covered everything that is stored in the garage. I’ve asked the strata manager (through my agent) if they can organise it to be tested for asbestos, as I don’t want my family exposed to it if it is! I have been advised that they will have it tested, and if the test is positive the Body Corporate will pay. However, if it’s negative, they want me to pay the $500 for the test. This seems a bit unfair to me. Surely I have the right to keep my family safe and healthy in my house without an expense like this?
-
Replies
-
Sarah – whilst your Landlord is required to ensure that the premises is maintained in a state of “reasonable repair”, in practical terms that really applies to habitable areas, not the garage.
Nonetheless the possible presence of asbestos containing residues in the garage renders that area unusable, and the environmental testing and/or remediation of that area is, once you formally advise them, a matter for your Landlord to arrange.
If by some chance the “garage” that you’re referring to is actually carspace, then then parts of it may be the Common Property of the Owners Corporation (O/C), but even then the environmental testing and/or remediation works that you’re requesting would be a matter between your Landlord and their O/C – nothing to do with you and nothing for you to pay for.
So if you haven’t done so already, you need to write to your Property Manager (Rental Agent) advising them of your concerns, of your consequent unwillingness to use the garage (that you’re paying for), and giving them say 7 days to commission appropriate environmental testing as a matter of urgency, say a further 14 days to attend to any remedial works and/or to clean-up works (depending upon the test results), and advising that should they not meet your timeframe for testing then you will arrange for that and, irrespective of the result/s, seek a full reimbursement of your costs up to the O/C’s quoted $500 per test from the Landlord and in default by seeking Orders in that regard, including for economic loss (e.g. paying or a garage that you’re unable to use) from the NSW Civil and Administrative Tribunal.
Finally, the amount quoted by your Landlord’s O/C is excessive, so as a contingency, contact Safe Environments (https://www.safeenvironments.com.au/), they’re very helpful and on the last occasion that I used them (2013) charged $90 for the asbestos testing of each sample delivered to their Blacktown NSW premises.
- You must be logged in to reply to this topic.