Am I living in an illegal flat? How can I find out? (Help, please)

Discussion in 'Legal Issues' started by CheapLowBudgetGuy, 10th Aug, 2020.

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Based on the info provided, do you think the house was divided illegally?

  1. Yes

    66.7%
  2. No

    33.3%
  1. CheapLowBudgetGuy

    CheapLowBudgetGuy Member

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    Hello Property Chat Legal People,

    I am a tenant currently renting a 2 bedroom 1 bathroom flat (unit) for the crazy cheap price of $230 per week in quite a nice North Brisbane suburb. I have lived at the property on my own for 2.5 years and still have 7 months remaining on my lease. My landlord owns the entire building, which is made up of 2 wooden flats within a house (photo attached) and 5 brick units joined on at the back. Everyone shares the same real estate agent.

    I live in one half of the house and several weeks back some nightmare neighbours moved into the flat directly joining mine, which is the other half of the house. The list of problems they're causing is long, so I won't go into details. I have complained to our shared real estate agent who has spoken to the landlord. Simply put, they simply don't give a flying F and don't care. They have advised that I am welcome to leave whenever I choose without penalty.

    I like my flat! I don't want to leave and, yes, have crazy cheap rent. BUT, remember you get what you pay for; the place is a dump and not well maintained. However, for my needs: it's perfect and I love it. And the neighbours over the past 2.5 years have been fantastic! Until now.

    Okay, here is my point. Since all these problems have surfaced with the neighbours who share the house with me I am concerned and suspect that the house has been divided into 2 flats illegally and is at risk of fire and safety defects. The reason why I suspect this is because the wall separating the 2 flats is paper-thin and hollow. From what I can tell it's simply 2 really thin plywood boards. Surely, this is illegal?! From what I can work out the house was built in 1989 and the owner did a cheap job to divide them. (Remember at $230 a week I get what I pay for)

    How can I find out if the house has been illegally divided to make 2 flats? Based on what I have said and the photo, what are your thoughts?

    And, hey... am I just being too cheap and should pack-up and just move on?! You can tell me, just be honest.

    Cheers,
    Cheap Low Budget Guy
     

    Attached Files:

  2. wylie

    wylie Moderator Staff Member

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    It "could" be legal flats from before any rules changed but I reckon if it looks like a duck and quacks like a duck, then ...

    Give BCC a call. If a real estate agency is managing it, surely they would know they (and/or most certainly the owner) are taking a risk if it isn't legal?
     
  3. CheapLowBudgetGuy

    CheapLowBudgetGuy Member

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    Correct, I also suspect that could be a possibility. That when the house was divided all those years ago, that it was perfectly legal. Do you know how I can find out? Is there a building professional I can contact to have them do an inspection?
     
  4. wylie

    wylie Moderator Staff Member

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    I'd be calling BCC. But be aware that you might find you have to find elsewhere to live if they do a visit and close the place down.
     
  5. willair

    willair Well-Known Member Premium Member

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    Just from the sidelines,but looking at the design of that Federation period style house I would say that is built before 1975 and you may well find that is legal but I could be wrong..a simple call to the BCC or go up too your local councillor and ask the question btw what sort of fire protection is set up and does the Landlord have them serviced by the legislation and are their separate water and powerboards and safety trip out switches..imho.
     
    CheapLowBudgetGuy and wylie like this.
  6. CheapLowBudgetGuy

    CheapLowBudgetGuy Member

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    Yes, that does make sense. I suspect the 5 brick units at the back were constructed in 1989 and the house built several years earlier. I'll give BCC a shout.
     
  7. wylie

    wylie Moderator Staff Member

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    House looks like a 1930s build to me. Maybe a little later, into the 40s?
     
  8. Depreciator

    Depreciator Well-Known Member

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    What's the end game? I'm presuming because the owner and agent don't want to help you with the situation you want to make things uncomfortable for them?
     
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  9. Momentum

    Momentum Well-Known Member

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    I don't understand why you want to snitch on your landlord? Why do you want to make problems for them with BCC? You've been there a few years, pay cheap rent, all good until you get bad neighbours.. why take it out on your landlord? Why don't you just leave if you don't like the new neighbours? Why dob on your landlord and jepordise the living situation of all the other tenants who are presumably happy to live there.

    What did BCC say when you spoke to the helpful lady?
     
    Last edited by a moderator: 11th Aug, 2020
  10. Stoffo

    Stoffo Well-Known Member

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    I wonder what sort of issue's @CheapLowBudgetGuy was having ?

    I mean if it was noise you either call the police or wait until they've been asleep an hour then crank up your own noise, usually this method means it doesn't happen again or you get a party invite next time :D
     
    skater likes this.
  11. Joynz

    Joynz Well-Known Member

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    Could you please do update us as to what the result was? What did the nice lady say?
     
    Last edited by a moderator: 11th Aug, 2020
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  12. datto

    datto Well-Known Member

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    I was going to ask how many letter boxes are on the property.

    Surely any approved division would have one letterbox per unit.
     
    Ted Varrick likes this.
  13. Ted Varrick

    Ted Varrick Well-Known Member

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    Call up the council and ask for a copy of the last Fire Safety Order (or Qld) equivalent, and the subsequent report, as you suspect that your, possibly illegal, neighbours perhaps are operating an online matchstick and/or firework factory (given the unusual smells and noises), and this might expose the council to some liability given they have been duly informed.

    Then pour a glass of red whilst you are siting on the balcony, and see how it plays out.
     
    Pingu1988 likes this.