Tenant's fury as $830 a week home turns into construction site with 'no warning'

Sydney woman Jessica Mudditt was left with her home in a 'dangerous, muddy' state for weeks, despite paying her full $830 a week.

Left: Sydney tenant Jessica Mudditt standing outside rental property during construction. Right: Excavators sit on the driveway next to a large dug out trench at the Condell Park home.
Sydney tenant Jessica Mudditt claims she was given 'no warning' before her rental property was turned into a construction site while living there. Source: Supplied

A single mum living in a Sydney rental property has revealed the "stress" and "panic" caused by unexpectedly "living in a construction site" for $830 a week, as the nation's housing crisis continues to put a strain on everyday Aussies.

Speaking to Yahoo News Australia, Jessica Mudditt claims she was given "no notice" about the major works, arranged by the landlord, that would take place in her Condell Park front yard. For three weeks straight she's had to contend with "massive noise", no hot water and a "dangerous, muddy" state outside her property.

In late June, Mudditt was sent a text message by the real estate agent ahead of time informing her "a plumber was booked" for the following week and "will be working at the front [for] 2 days". But she claims there was no further explanation, including details about the scope of work, and only found out when she was woken at 7am by the sound of diggers in her front yard.

"There were all these work guys with massive trucks, I thought 'what's happening?' Then they just carved up the whole front yard," she told Yahoo. "No one told me there'd be two bulldozers and metre-deep trenches. Or that I'd be unable to access my driveway or garage."

At one point Mudditt, who has two daughters aged 3 and 5, was left without hot water for six days and was forced to work from home without internet after workers allegedly damaged the line. She was also without access to her driveway or garage.

Excavators and a dug out trench at a Sydney rental property in the middle of construction works.
She lost access to her front yard, including her driveway and garage. She also lost hot water and her internet during ongoing works. Source: Supplied.

Additionally, she claims the landlord has appeared on site unannounced "without notice" which in most cases is illegal in NSW. According to NSW legislation, "tenants have the right to reasonable peace, comfort and privacy when renting" therefore "correct notice" should be given.

What's more, the mum of two, who has her own publishing business and works from home, has had to compete with "massive noise". Rubbish and working equipment have also been left strewn across the property, posing a safety risk, Mudditt claims.

With no apparent construction barriers or bunting zoning off the working area, Mudditt said it has been left in an unsafe state during the course of construction. As a result, her young daughter was allegedly injured while attempting to reach the front door of their home.

"When we arrived home on the weekend, I was carrying shopping bags across the yard. My young daughter fell and cut her knee and her hand. It's just distressing. In our own front yard," she said.

"It's a total mess and I still can't access my garage because they tried to force it open, and they've damaged the lock. It's quite scary and I feel really stressed."

Left: An excavator digging into the mud at the side of the Condell Park home. Right: Gumboots in mud and puddles at a Sydney rental property.
The site was left in a dangerous and muddy state for weeks, according to Mudditt. Source: Supplied

Mudditt claims SafeWork NSW also attended the property and noted several breaches. Yahoo contacted SafeWork for comment.

While the machines have since left with work now "wrapping up", she claims she was never advised of the planned work other than receiving a text message from the Ray White estate agent saying, "a plumber is coming".

"We never knew when it would finish, which just adds to the alarm. I got told yesterday that they'd finished ahead of schedule, but I didn't even know there was a schedule," she said.

If she'd known about planned works ahead of time the single mum said she "never would have moved in". "There's an obligation to tell an incoming tenant [of major works at the property]".

The only information she's received is second-hand from neighbours, she claims. One allegedly filled her in on her landlord's plans to put duplexes on the property, implying the house she lives in could soon be demolished.

But she says "we have never been told of a subdivision" or any plans to sell the property, and now fears she'll soon enough be made to leave without warning. She alleged the real estate has "downplayed everything" when she questioned the landlord's intentions. They've simply asked her to "bear with it" for the time being.

Construction outside Sydney rental propety.
Mudditt claims there was no tape or fences until SafeWork NSW arrived at the property. Pictured now upon completion of works. Source: Supplied

To avoid being kicked to the curb without anywhere to go, she's found another place and will be moving shortly. "I can't have an unsafe home, I've got young kids and I have no confidence in them that trucks won't turn up next week and they'll start something else," she said.

The Sydney mum said that after sharing her frustration on social media, and after receiving media attention, the agent has now offered her a week's worth of free rent.

In an email seen by Yahoo, Ray White's director Tony Roumanous said, "In relation to compensation, we have had discussions with the owner and they are happy to provide you with 1 weeks free rent prior to vacating."

But Mudditt says "one week's rent is not proportionate to the breaches" and she will be pursuing the case with the NSW Civil and Administrative Tribunal (NCAT).

When contacted by Yahoo, Ray White Bankstown Principal Tony Roumanous said Mudditt was "clearly informed in advance about the subdivision work scheduled to take place". She was also told "she would not have access to her garage or driveway for a week" as early as July 16.

"We regret any inconvenience caused. The tenant has now given notice that she will vacate the house and the owner has offered the tenant a week’s free rent as compensation," Roumanous said.

"The tenant was fully informed in advance of these works, and the owner was also onsite to only check on the progress of the works, which is within his right and not a breach of privacy at all.

“We are deeply sorry that the tenant has not enjoyed her home this week but she was told about the work in advance. We are sorry for the inconvenience.”

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