Hi there. In Queensland, the law says that, at the start of a tenancy, the landlord must ensure the premises is clean, in good repair and fit for the tenant to live in. The landlord must also comply with any health and safety laws affecting the premises (i.e. the property must comply with building codes, local planning laws, swimming pool regulations, etc).

If you believe your landlord is currently in breach of these obligations, you can serve them with a Notice to remedy breach (Form 11) and allow them 7 days to fix the situation. If they fail to remedy the breach within 7 days, you can serve them with a Notice of intention to leave (Form 13) and vacate the premises after a further 7 days. If the premises is completely unliveable, you can leave the premises on the same day you give the notice to the landlord. Forms are available for download from the Residential Tenancies Authority (RTA) website (www.rta.qld.gov.au).

If you have cleaned up the property yourself and want to continue living there, there is no automatic right for you to claim a reduction in rent. This is something you need to negotiate with your landlord. It may help if you write a letter or email explaining your cleaning efforts (including the time and money spent doing it) and that you believe the value of this work to be equivalent to two weeks’ rent.

If the landlord does not agree to a rent reduction, you could try to resolve the matter by using the RTA’s dispute resolution service. You can start this process by lodging a dispute resolution request (Form 16) with the RTA. If this is unsuccessful, you can apply to the Queensland Civil and Administrative Tribunal (www.qcat.qld.gov.au). This is an independent tribunal where tenants and landlords can present their stories and the tribunal will make a decision based on this information.

Suggested way forward

You should contact the Residential Tenancies Authority for advice on 1300 366 311. You may also want to speak to a lawyer about your legal options and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.