Granny Flats in Brisbane City Council Areas - Renting Separately

Don't stress. Certifier is flat out and holding us all up but all is progressing, it will definitely be approved.

 

If the owner knowingly rented out then I would think so.

 

My understanding from the tenancy side of things is that the tenant can absolutely claim against the owner for the situation.
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This whole situation is fascinating. City Plan 2014 makes a big deal of "missing middle" housing, with auxiliary dwellings leading the charge.... everywhere EXCEPT Brisbane itself. They have such a peculiar position on the whole issue.

 

Yep. They seem to have a hatred of the use like no other council. I get that they are not a fan but in a reality what is the difference in 5 family members live in the 2 dwellings and are related (no problem) and 5 unrelated people.

 

We are/we’re currently tenants in a unit that had an issue with the balcony falling - agents notified, engineer and council called, council inspector shows up, says it’s fine to stay here they just need to fix - next thing you know all hells broken loose and we need to leave immediately! We haven’t been able to view the enforcement notice from council due to privacy - all i know is the agent and owner are being absolutely appalling to deal with and we’re now trying to pack up a 3 bedroom unit we can only enter to remove items when it’s not windy or raining while trying to find somewhere to live at Christmas time.......we are being told we can claim for costs, but that’s going to be months and you need to be able to afford the outlay before you can claim something back! We were 3 months in to a 5 year lease. I hope the owners and agents end up in jail to be fair

 

What claim can a tenant make?

I'm currently leasing a hovel, the second dwelling at the rear of the property. It has no building approval nor occupancy certificate. I have no built in stove or oven. The shower is a disgrace and there is no hand basin, only a tub. The temperature can reach 42 degrees when it's 35 outside. I signed the lease 18 months ago and have been requesting an air conditioner be installed. I have just received an ultimatum from the landlord that he will install the air con if I sign another 12 month lease. I have rung tenancy advisory, and Dept of Fair Trading. There appears to be no benefit to me for this breach of the lease by the landlord, i.e I must continue to pay my rent under a lease the landlord has breached from the very beginning.

I feel I've been treated cruelly. I feel the landlord and agent have acted in an unethical manner.

I do however, have recourse by reporting the illegal dwelling to the local council. I understand that I will probably end up being evicted, but I feel my actions will be for the greater good. i.e. building regulations will keep up standards for us tenants. I think it might teach the landlord a lesson in respecting the less advantaged of society.

But...most importantly, I will not feel like the victim! It's a reminder to all landlords renting out unapproved, sub-standard dwellings, to understand that they don't always hold all the power. Karma has a way of correcting what's not right.

 

@Without a Trace - why did you take the lease If the property is below par?

Is there a lack of affordable housing options available right across Brisbane / Ipswich / Logan / Goldie?

 

I once had a discussion with someone (ex council) on this issue. Apparently in central Brisbane there are a large number of older properties with large lots and no garage / driveway etc. The lack of street and offstreet parking, duplicated waste handling and a range of other factors affect surrounding residents. The city water and sewerage systems are at risk too as they were (poorly?) designed donkeys years ago to cater for a certain density. There is also a risk that some property owners could demo or convert their garages and use the land for a GF if unchecked.

The size of BCC is the problem. In inner city areas around Sydney and Melbourne tends to be smaller lots so that GFs limits are better self regulated by lack of land. BCC has a HUGE geographic area that encompasses not just the CBD and inner areas but also suburbs far further adrift than in any other city. This makes it unfair in the outer suburbs that could cater for GFs. BCC cant easily allow GFs in one place and not another perhaps ?