Saturday, May 31, 2008

The Document

To stop myself from going crazy at work, I started preparing the documentation I will need for when this goes to court. If I'm successful then something like this might be useful to other Australians who want to prove their case. I've only put in things from official sources, ie: the papers from universities and governments. They include:

- Institute of Clinical Pathology and Medical Research "Bed Bugs Medical Ontomology Fact Sheet" describing the severity of their bites, and how they infest everything (not just the bed).
- Chessels v Wood (2004) where an Australian tenant took the owner to court over bedbugs and won. Half their rent was returned.
- Ludlow v Young (2004) where an American tenant took the owner to court over bedbugs and won. 45% of their rent was returned, this being calculated as time the premises were unfit for use (while sleeping).
- Australian Environmental Pest Managers Association "Code of Practice For the Control of Bed Bug Infestations in Australia" which describes how people should not attempt to do it themselves and causes lots of stress.
- Department of Consumer and Employment Protection "Renting a home in Western Australia - a tenant's guide" handbook for my own reference, details what's required to be a tenant, and how the owner is responsible for pest infestations. Also has court procedures.
- Residential Tenancies Act 1987 Sec 3, which is the actual legislation defining what's required to be classified as a tenant and have the protection of the legislation.
- Residential Tenancies Act 1987 Sec 42, which is the part of the legislation that requires the owner to provide the premises in "a reasonable state of cleanliness" and"maintain the premises in a reasonable state of repair", and "comply with all requirements in respect of buildings, health and safety under any other written law". I'm not sure about that last point, however I'm pretty sure an apartment full of blood sucking bugs isn't clean or in a reasonable state of repair.















I'd like to add a table of contents reference to the beginning that has the outline of the case I will refer to in court. I also need to attach my bed bugs sample, any documentation from a doctor if I go to see one, the pest controller's report, my rent receipts, and my photographs. Then I'll need to actually apply to take them to court.

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