Going to Your Member of Parliament

Carol, a law student at Flinders University, has contacted me with concerns about an asbestos-ridden rental property. Carol sought help from her Member of Parliament, Robert Brokenshire. He represents the Family First Party in the South Australian Legislative Council. The real estate agency, Ray White Northgate, is not a member of the Real Estate Institute. Carol says:

I have been renting a house for about 3 years that was found to contain asbestos. Both the owner of the property and the agency have been negligent in their duty of care. They basically have ignored and attempted to cover up an asbestos problem. A notice of intent to declare the property substandard by the Housing Improvement Branch (under Consumer and Business Affairs SA) has been issued. The house is located at Heather Avenue, Windsor Gardens in South Australia. Weeks after leaving, a new tenant was living in the house. Once I left they accused me of not cleaning the house.

Asbestos is deadly and usually has micro-fibre particles that can enter the human body. Cleaning is not advisable due to the cleaning process disrupting asbestos particles. However I did clean what I could. I just didn't vacuum and dust. I have not been able to get too many government organisations to take this seriously, even though I explain this could be causing harm to people. There is now a family with a baby in this house. I eventually contacted my Member of Parliament, Robert Brokenshire, who has been in contact with the Environmental Planning Association and SA Health. He has commenced investigations through the EPA and SA Health. His office has been really good - they actually listened to me and have been active in getting someone to take action.

A few tenants have contacted me with concerns about asbestos in their homes. Asbestos is hazardous when microscopic fibre fragments become airborne and are inhaled. Asbestos-related diseases include pleural disease, asbestosis, lung cancer, and mesothelioma. The building industry used asbestos extensively in the post-war period between 1945 and 1980. Asbestos has been banned since 2003, and it hasn't been used for over thirty years. But there are still contaminated buildings out there, and landlords do not have to check their houses for asbestos. There is no requirement to take proactive steps. The issue is falling through the cracks of a fragmented housing system. Many tenants tell me government departments are unwilling or disinterested in helping them.

If tenants become aware of asbestos, most probably choose to leave the property. If they report the issue to their real estate agency, they could be exposed to retaliatory action. Agents and landlords can simply evict the tenant, or delay or contest the bond payment. Carol looked after the house, and never missed a rent payment. She says, "I feel I tried everything and this upsets me. I was a good tenant and I was in this house for nearly three years". But Ray White still contested the bond application, and refused to itemise their claims. This meant Carol had to borrow money for the bond on the new house, and she had to rely on the help of the Salvation Army. She was not able to purchase presents for her children at Christmas. Tenants are also at risk of ongoing harassment. After complaining to her MP, Carol was concerned about being "harassed" as they were not "particularly professional" during the lease.

As I have commented before, there is an extreme power imbalance between tenants and landlords. Carol’s story is just another example of agents and landlords abusing their power and causing financial hardship. She says, "Ray White Northgate have never been concerned about my health or that of my family. They have been arrogant. My intention was to negotiate with them so we could all walk away from this happy with the outcome". You can’t negotiate with a party that is holding all the cards. There is no incentive for them to do the right thing. That is why we need effective regulation in the housing space. Regulation is not going to work if it does not confront this inherent power imbalance.

Carol goes on to say:

It has now come to my attention that there are new tenants in this house, which worries me greatly. There was an inspection by All Stars Asbestos on the 14th of October 2013. Stella stated asbestos was present and was exposed due to the house moving, it was her that recommended that I leave the house. Ray White Northgate have been extremely difficult to deal with regarding this matter, with no real empathy. I was expected to do the final clean of the house as per normal lease handover instructions. I cleaned what I could as I was worried about not getting my bond back, I have doctors letters which substantiate my health problems, the doctor recommended that I do not enter the house. My doctor informed me that a professional needed to remove my furniture and do the clean all in one go.

It was impossible to do the clean as contractors were not prepared to enter the house, there are strict laws regarding waste disposal of asbestos and work needs to be carried out via a licensed vendor. I made Penny aware of this via email. I sent her links to EPA guidelines of asbestos waste removal. I received a phone call from Dennis on the 4th of Nov 2013. She yelled at me over the phone saying I needed to give her a letter to prove why I wasn't able to enter the house. I tried to tell her that I spoke to Penny about this but she continued to speak over the top of me. This phone call abruptly ended. I followed up this phone call with an email explaining what cleaning I did do  and that it was to the best of my ability and what I could not do under the circumstances. I never heard back from Ray White Northgate. 

Carol also contacted the office of former government whip, Robyn Geraghty. She was the Labor Member for Torrens up until 2014. Carol was contacted by Susan in relation to her complaint. Carol says:

Susan rang me back stating that her partner removed asbestos for a living and the first thing she did was contact him and he said ‘that I should not worry as this was not a problem’. Susan has never visited the premises, never seen the asbestos reports or spoken to the inspectors. She also stated that she rents a house out and she knows it’s not really a problem. I asked her to put this in writing and she declined. I have not received any support from Ms Gerharty's office. 

We have learned a lot from Carol’s experience. Politicians may or may not be interested in helping tenants. But if you are having a problem, it is definitely worth going to your Member of Parliament for help. Your local member can help pressure government organisations, including consumer agencies, to act on your complaint. He or she can also raise the issue with their political party. As of now, the Greens Party is the only political party that acknowledges the rental market is broken.

Each state and territory regulates rental properties. Not one Act of Parliament addresses asbestos. If their health is at risk, tenants should not be required to clean these houses. They should have the right to know if their home was built using asbestos. Tenants should be able to vacate without penalty, and they should be compensated for costs associated with moving. And furthermore, tenants should not have to pay for asbestos testing. If landlords are not required to test for asbestos, it is highly unlikely they will pay for it out of their own pocket. Concerned tenants can have building materials tested at an accredited laboratory. But really, the onus should be on landlords to pay for costs like this.

Asbestos is a public health issue. There needs to be an official record of asbestos-ridden houses. Asbestos-related diseases have a long latency period. This is not a matter of individual responsibility. Tenants should be able to report houses with asbestos. For this to happen, the housing system needs a dedicated inspectorate.

 

As a society, I don’t understand why it is unacceptable to expose workers to asbestos, but it is acceptable to expose tenants to asbestos. And let’s face it - tenants are more likely to live in houses that are old and rundown. Landlords should be responsible for the harm they cause. We can protect workers, as well as mums and kids at home.

 

Postscript. If you are concerned that your rental home contains asbestos, you can ask your real estate agency to hire an asbestos assessor to carry out an inspection. If you are still not satisfied, you can organise an independent evaluation or relocate to another property. The Canberra Times has reported that homes assessed as safe have later been found to contain asbestos. It’s better to be safe than sorry.