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Illegal Granny Flat in Brisbane Council

Discussion in 'Development' started by Amanda80, 21st Feb, 2016.

  1. Amanda80

    Amanda80 New Member

    Joined:
    21st Feb, 2016
    Posts:
    4
    Location:
    Brisbane
    Hi Everyone,
    Just need some advice please.
    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, I'm pretty sure the smoke alarm is a cheap one from bunnings and not hard wired, 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. 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.

    My landlord did his own lease even though I suggested getting the forms from the Residential Tenancy Association. I have paid him $920 in 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, I've found out that he only has approval for a 'shed with a bathroom extension'.

    Does anyone know what the penalty is (to the landlord) for not getting approval? Will I get kicked out? I'm thinking of moving out and may need to use this info in order to get my bond back.

    Any advice you can give will be greatly appreciated.

    Thanks for your help!
    Amanda.
     
  2. WestOz

    WestOz Well-Known Member

    Joined:
    19th Jun, 2015
    Posts:
    625
    Location:
    WestOz
    Wow! what a dodgy mess you're in Amanda.

    I'd only be assuming but I'll do this tag thingy @Terry_w (the community legal guru) so he see's this thread and hopefully can help with some advice.

    I was in similar situation many years ago, I simply stopped paying rent until I'd absorbed the bond, found something else, moved out, it became someone else's problem.

    Good Luck!
     
  3. Amanda80

    Amanda80 New Member

    Joined:
    21st Feb, 2016
    Posts:
    4
    Location:
    Brisbane
    Thanks so much WestOz, much appreciated!
     
  4. RPI

    RPI Property Lawyer, Town Planner Business Member

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    19th Jun, 2015
    Posts:
    711
    Location:
    Brisbane
    If council hit the owner with a show cause notice your lease is def void. It may well be already and you have grounds to leave and get your bond back. If it was lodged QCAT would let you walk in an instant.
     
  5. Amanda80

    Amanda80 New Member

    Joined:
    21st Feb, 2016
    Posts:
    4
    Location:
    Brisbane
    Thanks so much @RPI. Do you mean if a show cause notice was lodged the QCAT would let me walk? Do you happen to know how long it would take to get a show cause notice issued by the council?
     
  6. WestOz

    WestOz Well-Known Member

    Joined:
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    Posts:
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    Location:
    WestOz
    Allot more time/frustration dealing with council incompetence than simply running the bond out.
    Considering he hasn't used the correct forms etc (being dodgy) I'd say you're well within your legal rights to do so without repercussions .
    Wouldn't be relying on him for a reference though.

    Perhaps post a thread in the "General Property" section regarding what area & how much your looking to spend, one of the members may have or know something suitable.