Gross reason for rental’s ‘sewerage’ smell

A young family paying a staggering amount for rent didn’t know why their house had a horrible smell and then they uncovered the shocking reason.

A family of six who moved into a rental that cost $900 a week were horrified by a disgusting smell after turning the heating on a few weeks into the tenancy – only to discover that there were dead rats inside the ducts.

Nick and Jane Saunders moved into the rental, which property records show was purchased in 2021 for $5.8 million, with their children while they were renovating their family home. The house was located in the affluent Melbourne suburb of Kew.

But the temporary accommodation soon turned into a nightmare, the family claimed, with multiple issues including the “horrendous” smell they discovered as Melbourne transitioned from autumn to winter.

“There was the need to start putting on heating as it was getting relatively cooler at night and it wasn’t until then that we figured out all the ducts that sat under the house were all rat infested,” Mr Saunders told news.com.au.

“The smell of the dead rats came through into all the living spaces to the point where it smelt like sewerage once you flicked on the switch to turn the heating on.

“So all the ducts on the floor were all covered in glad wrap to stop the stench coming into the house.”

Photos taken underneath the house. Picture: Supplied

Initially, the smell was so intense and had a “rotten egg” odour that the family were seriously concerned there was a gas leak.

“They went under the house and found that all ducts had massive separation and they weren’t connected, so when it’s cold the rats apparently climb into these vents to keep warm and obviously die and the smell filters through into the house,” Mr Saunders said.

Plumbing reports seen by news.com.au noted that “duct work had some holes in it and at least one of the old ducts not connected to another so hot air blowing freely under the house with vermin getting in at will”.

Another report noted a camera inspection of the sewer and drain where the toilet was located had been completed as there was a “sewer odour inside the house” that seemed to be coming through a ducted heating vent.

As a result, the family was also “heating the whole neighbourhood” and received a shock gas bill of $1200 for six weeks, Ms Saunders said. The family brought in their own portable heaters to keep the house warm.

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Images taken by the tradies. Picture: Supplied

Bedroom unusable

The couple said their four kids were “sick the whole time” they lived at the rental resulting in 21 visits to the doctors in a three-month period.

Meanwhile, a mould report conducted in a bedroom found there was “visible mould in the skylight shaft and a “strong smell”.

“The room was never inhabitable. When we moved in you could smell it and it was like that the entire time. We had the door permanently closed throughout the tenancy when we were in occupation of this house,” Mr Saunders said.

“The landlord came in with his own tradesmen and chemically cleaned it to try and dissolve the mould that way as opposed to recommendation of the professional.”

The underneath of the house was full of mould and moisture. Picture: Supplied

The Victorian Civil and Administrative Tribunal (VCAT) ordered compensation of $1360 for the loss of the use of the bedroom.

Ms Saunders added the bedroom was where their two-year-old was going to sleep.

“But she just had to bed hop for the time we lived there and share with her siblings,” she added.

A spokesman for the rental agency that managed the house, Diamond Property Management Group, said it was the landlord’s choice to use his own tradespeople and issues were addressed.

He added the tenants chose to stay in the property until January 2023 – despite being able to move out in November 2022 when a notice to vacate was served in September.

The moisture and mould underneath the house was due to the structure of the property and were not considered as “wilfully” affecting the tenancy, the spokesman added.

“VCAT has made the decision of compensate $1359.85 which is less than 5 per cent of the total rent throughout their whole tenancy,” he added.

The skylight that had mould issues in the rental. Picture: Supplied

Other issues

But the family said the problems didn’t end there.

The Saunders’ also had to request a gas and electricity compliance certificate from the rental provider who could not supply one. Instead a technician was sent out.

As a result, the family had their heating and hot water disconnected for five days as they were found to be “non compliant”, Mr Saunders said in an application to VCAT.

Mr Saunders, who works in commercial real estate, said there were also drainage issues which resulted in “the sewer system in the garden explode like a little volcano of raw sewerage”. However, a plumber visited and fixed the issue.

Diamond Property Management Group’s spokesman said the agency reported and handled all the repair and maintenance requests lodged by the renter.

“Our property manager has attended to property a number of times and also the rental provider himself. We attended all the requests lodged by the renters during business hours and also after hours,” he said.

He added the time to fix the water and heating was “reasonable” and the Saunders’ claim for $607 in compensation for the lack of essential services during that period was not accepted by VCAT.

Sewerage that spilt into the yard. Picture: Supplied

‘You didn’t want to come home’

Mr Saunders said living in the property took a mental toll, but as they only needed a short-term lease it made it difficult to leave.

“You didn’t want to come home – just the mental battle of having to live there and sleep there,” he said.

“All your clothing from when we left had to either been thrown out or dry cleaned to remove the smell and memories of this particular house.

“There were a number of different aspects that took a toll on you. There was the anxiety, the mental side and the financial component. Having to pay for trades for a house that you don’t live in for an issue that shouldn’t necessarily be your problem, there was no discount on rent and it was the financial burden as well.”

Landlord ordered to pay $2300

In April last year, VCAT ordered the landlord to pay the family a total of $2300 in compensation.

This included $1360 for the loss of the use of one bedroom during the tenancy and $910 for the cost of a plumber to attend to urgent repairs.

However, the family has not been paid a cent.

Diamond Property Management Group said they had ended the management relationship with the property owner after the VCAT hearing.

The spokesman added that many of the claims made by the Saunders’, which totalled $27,700, had been “struck out after the VCAT hearing”.

“Overall, it was not a ‘happy’ experience for the renters, rental providers and real estate agency,” he said.

“At the agency, we have done all we could to help the renters about the repair and maintenance requests.”

The property owner did not respond to news.com.au’s requests for comment.

The laundry floor. Picture: Supplied

Issues with system meant to protect renters

Mr Saunders said he was “jaded” by the system that is meant to protect renters because VCAT can’t actually enforce any orders it makes.

“It’s nearly like a voluntary tribunal system so if we want to impose the VCAT order we would have to go to court, file a document and engage a solicitor,” he said.

“For the amount of money that was owed to us we would be out of pocket three or four times of that amount if we had to go through that process of compensation.

“I feel let down by the system as we weren’t in the wrong but we are out of pocket for $2300 in compensation.

“It puts a real dampener on ever wanting to lease a property again and if we were I’d be asking for all sorts of additional information, like I’d want a building inspection to make sure the place isn’t bad, so we aren’t burnt again.”

Nick Saunders said he would want a building inspection before ever renting again. Picture: Supplied

Over a year for bond to be returned

The couple also had to wait more than year to get their bond back after moving out in January 2023.

The landlord made a claim in VCAT for $660 in compensation from the bond for unclean rubbish at the front yard and unrestored blinds in the front room.

But with delays to VCAT hearings it took more than 16 months for a hearing, Mr Saunders said

In the end the landlord never turned up to the hearing and the $3694 bond was returned to the family in May – more than a year after they moved out.

A VCAT spokesperson said the tribunal has established a dedicated Backlog Recovery Program to deal with the backlog of bond and compensation residential tenancy cases that accumulated during the pandemic.

“More than 23,000 cases were transferred to the Backlog Recovery Program when it commenced on 1 October 2023. There are now fewer than 1400 of those cases remaining,” they said.

“VCAT recognises the significant impacts that result from delays and is continuing to work on reducing times between lodgement and hearing.”

They also acknowledged that VCAT has no legislative power to enforce its own orders, and users are required to seek enforcement through a court with appropriate jurisdiction.

The bond took over a year to be returned after a VCAT case was lodged. Picture: iStock

‘Frustrating period’

The family would still like the $2300 in compensation paid to them.

“I’d love the compensation money back but we can’t afford to go to court. The landlord wins,” added Ms Saunders.

Mr Saunders added it was a “frustrating period of our lives”.

“On the one hand, we were excited as we were undertaking big lifelong project of renovating our house and on the other hand you are down and depressed as there are issues you are having to deal with on a property you have no ownership over and on top of that having to work and do everything else,” he added.

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