A Hamilton couple who lodged a complaint about the way asbestos was removed from their rented property say they are being forced out of their home – just days before their first baby is due.
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The couple, Steve Denshire and Melina Vargas, contacted SafeWork NSW after Mr Denshire, a carpenter, became concerned about the removal of an asbestos roof from their backyard toilet.
Three days later, the couple was told the 12-month extension of the lease they were due to sign was no longer on the table.
The couple is taking the dispute to the NSW Civil and Administrative Tribunal.
Real estate agency Leah Jay Hamilton told the Newcastle Herald that the landlord now required possession of the property, and said the asbestos was “removed intact in accordance with SafeWork NSW and the NSW Environment Protection Authority” by an owner-arranged contractor.
But Mr Denshire says “blind Freddy” could connect the dots to work out why the couple have been told to move by August 2.
Their baby is due on August 13.
Mr Denshire said a contractor came to their property on May 1 and removed the roof without safety gear, correct bagging or vacuuming procedures, and failed to appropriately cover material when taking it away.
In the weeks before the work, Mr Denshire had sought assurances from the agency of the contractor’s experience.
The real estate agency confirmed this by email, saying the contractor was “the same gentleman that removed and disposed of the old garage [done previously] which was full of asbestos; this isn’t an inexperienced contractor”.
Dismayed at the way the toilet roof was removed, Mr Denshire made an anonymous report to the safety agency.
Three days later, on the day the couple were due to sign the lease extension, the lease had been withdrawn.
“At 10am, the real estate rung us and told us we’d been given notice to move out,” Mr Denshire said.
Documents seen by the Herald show SafeWork NSW officers spoke to the owner of the house less than a hour before that call to Mr Denshire.
A statement from Leah Jay Hamilton said that “due to a change of personal circumstances in the owner’s situation, the day of the planned signing of the lease, we were instructed not to proceed with the renewal as the owners informed us they required possession”.
Mr Denshire, who only witnessed the roof removal because he was off work with a knee injury, said the situation was an “unwanted stress” and that “any reasonable person would have called Work Safe”.
A hearing date in the NSW Civil and Administrative Tribunal has not been set.
