Any help or advice on this situation would really be appreciated. I'm losing sleep over this

On spending time on further reasearch last night on lead blood levels

Both the Australian NHMRC and the American CDC use a reference level of 5 micro grams / decilitire or above as the level at which it is considered that a person has been exposed to a lead level that is above what is considered above the average " background " exposure in Australia

Both the NHMRC and the CDC only advocates further investigation as to the cause of lead exposure if the blood levels are above 5 micrograms even in children

Medical treatment for high lead levels is only advocated if blood levels are at or above 45 micrograms / decilitre and above

The NHMRC specifically states " The average blood level lead among australians is now estimated to be less than 5 micrograms per decilitre"

There daughter tested at 3 micrograms / decilitire - which is clearly below the 5 micro gram referance level

Having said all that I would like to what is right by the tenant and help them find suitable alternative accommodation if that is there wish.

It is not good for both parties for this to for this to drag on

 

Thanks for the reply Wylie
they have moved out are staying at a friends house who is away on holidays

Am I currently in breach of my tenancy contract ?

 

yes i'm seeing them this morning to discuss this very matter

 

I dont think am being played - I do believe that this family is genuinely concerned - whether that there concerns are justifed is another matter.

However I feel I have to take them seriously and help them move on - i'm just not sure I can find a place that they are happy with - at the end of the day if we cant find a place - im not sure what I can do

 

Hi artic Fire

Haven't got the time to do full research / re read thread , but it sounds as though their daughters level is three and level below 5 are consider average background levels ....that probably means if all the posters had their levels check , we'd probably have similar levels

Then the action I would take if this would happening to me ( but this is not legal advice and you should never take action based on the opinion of some annonomous person on the web ... Seriously )

If that's correct then they are unlikely to have legal course against you ( but I'm not a lawyer , I 'd google various combinations of tenancy breach , lead levels ,breaking lease etc )

They are genuinely concerned , however it appears their concerns are misplaced . That won't stop some people overreacting and taking what could be considered unreasonable action ( I see this happening most days at work when people do some research on the web and read what I would consider ( IHMO ) the wrong web sites .

Personally I would write a letter to them pointing out the above . Saying I understand their concerns about their daughter but it appears that on the basis of the above their concerns appear to be misplaced ( maybe misplaced is the wrong word ) . I understand that this matter is causing them some anxiety and as a result I would happy for them to break their lease early .

My personal position is that I would expect them to pay the rent until the PM HAS FOUND A NEW tenant , because , personally I think what they are asking is unreasonable and symptomatic of a nanny state . But I recognise is may escalate the situation and might make the situation worse and is something that you might not want to do .( After a conversation with my wife and the pm I might have my mind changed ) I'd talk to the pm about what the rental market is like

I am fairly certain if they had bought the house and then found out about the lead is that they probably wouldn't sell the house and move elsewhere .

The reality is that it's an unusual situation and you need to fully inform yourself of the situation . If you feel that understanding the situation is outside your experience or capacity to make an informed decision you should seek appropriate expert advice . This is happening to you , not to me or anyone else here so you need to make a decision you feel happy with .

Cliff

 

The painter needs to be aware that he has a large exposure here. We talked to Fair Work NSW in our case. If we lodged a complaint his issues went to fines and Workers Comp claims as well as the tenant and neighbours. His insurance company made sure it was resolved.

The approach of "call their bluff" is very risky - but a very easy position for those with no skin in the game.

 

@Arcticfire , did you deal with tenant directly on some occasions? I suspect they see you as a "nicer" person and start to think "Mmmm......" Let the PM, lawyer and insurance company handle the matter.

Do not deny, do not admit, do not offer yet. do it professionally(whatever it is).

Whenever I meet the tenant, I always got tons of requests. But strangely they stay nice and quiet if I am out of picture and I am not the nicest person at all.

 

BAM Well said!!!

for all you know they might be having lead cookies every night

 

just empty threats from the tenant, enjoy your holiday, send them the ultimatum, ( in nice sympatthetic words) and not worry, they'll probably just move out,

 

I wouldnt be so nice, if they were asking nicely about options, thats one thing

if they are demanding that you find them another one, Iassume you are paying for their moving costs and possible rent,

what a joke, give them 1 and they will expect/demand 10

stand your ground but be compassionate

 

maybe offer to replace their kid with the same dimensions, size, height, without the lead levels?

 

unless you knew, **** happens,

thats what insurance is for

 

Thanks everyone for your replays

Just had a long chat with my PM and we are moving forward with locating them another suitable property - we have set limits on what we can and can't do.

I have legal back up if required but hoping I don't need to go down this path as we hope we can organise a satisfactory solution ourselves

 

This IS a serious issue. The parents are rightly concerned for their children,as I would be if it were my kids or grandchildren.

You will not be able to re-let the unit until you can show you have it made safe as you cannot be sure how much the lead paint flakes have contaminated. Specialist advice should be sought.

You will probably have to have the paint in the other two units tested to ensure tenant safety.
Marg

 

It is my understanding that lead paint is only a issue if it is flaking or disturbed

Most houses built before 1980 will have lead paint somewhere

 

Certainly not an expert in relation to this however I do believe duty of care would come into it for al parties. Sounds like the contractor really should have informed parties prior to work commencing that it was lead based paint,as a professional I would think he should have known this as a possibility due to the age of the complex. OHS I believe states that he must use a protective barrier etc and obviously remove any excess. Given that flakes were found on the kitchen bench it sounds like he didn't do this. However if you as the landlord thought this could have been lead based paint then also a duty of care would be for you to have informed the tenants prior, however I understand you employed a professional to do this and therefor I really feel you have been let down by the painter. On the other hand - obviously the tenants were aware that it COULD be lead based paint as its the first thing they thought of when they saw the flecks, therefor it could be questioned - why they did not express any concerns before painting commenced if they were truly worried about the possibility of lead poisoning then one would think they would have raised the issue prior to commencement.