All Topics / Legal & Accounting / Living in illegal granny flat in Brisbane City Council

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  • Profile photo of Amanda80Amanda80
    Participant
    @amanda80
    Join Date: 2016
    Post Count: 1

    Hi Everyone,
    Just need some advice please, I’m hoping this is the right place for it.

    I recently signed a lease on a granny flat in a suburb within Brisbane City Council. The landlord has done a bit of a dodgy job on the renovations in the place, the floorboards are not laid correctly and have gaps in them, and after reading the fire legislation, I’m fairly certain the smoke alarm is in the wrong spot as it’s right next to a ceiling fan, and I’m pretty sure it’s not hard wired either and is just a cheapie from bunnings etc. The ‘driveway’ at the side of his house where I walk up to enter the building is uneven and is strewn with building material, old boxes, etc. Not exactly safe, especially at night when there is no lighting up the driveway.

    My landlord did his own lease even though I suggested getting the forms from the Residential Tenancy Association. I have paid him a bond, and after several times asking him to lodge the bond with the RTA, which he originally agreed to, he hasn’t done it and now ignores any texts I send him regarding it. I also have never seen an entry condition report.

    I started to get a bit sus about it all and I have a friend who suggested that maybe he doesn’t have building approval, and after talking to the council, he only has approval for a ‘shed with a bathroom extension’.

    I have spoken to the RTA, but I can’t seem to get much help from them. They have told me that I will need to give him a Form 11 (notice to remedy breech) for the council approval, then after 7 days I can issue him with a Form 13 (notice of intention to leave) if he hasn’t got the council approval within the 7 days (which we know won’t happen) then I can legally end the lease after 7 days. They have also suggested that I make a complaint with them about him not lodging the bond as it could get messy if he won’t give me back my bond, and I don’t really want to have to go to the tribunal etc.

    My issue is with doing it this way is that I am a single woman living alone, and the landlord has keys and could technically enter the property (not legally) at any time. Also, if he parks his car in the driveway, the way it is situated he could completely block my passage to the granny flat. Doing the above would mean that I’m in the property for another 2 weeks, which I’m not comfortable with.

    Given the above, I don’t really want to be put in an awkward situation as I don’t know this man. I was thinking that I could move out and send him a txt after saying that I want my bond back within 3 days or I will go to the council and make a complaint.
    If I was to do this, does anyone know if he could legally do anything, given that the granny flat is not legal?

    Any advice you could give would be much appreciated.

    Thanks for your help!
    Amanda.

    Profile photo of Coleen16Coleen16
    Participant
    @coleen16
    Join Date: 2012
    Post Count: 2

    For your own peace of mind and safety get yours self and your stuff out first, then what ever happens, the fear of his unlawful entry, intimidation and the possibility of denied access is removed. You will then be in a better position to proceed proceed with the legal actions etc.

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Ring BCC Town Planning Department and tell them you believe the dwelling you are living is illegal.
    You are concerned for your safety and could they send someone round to look at it.

    Treat the Bond and Rent remedies as separate issues.

    Cheers

    Yours in Finance

    Richard Taylor | Australia's leading private lender

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