Is it illegal to collect rent on a property deemed illegal by council?

I have a question: is it illegal for a landlord to collect rent on a property that has been deemed illegal by the council (violates multiple building codes and Acts)?

I am faced with this predicament at the moment: am being evicted after 3 years of living in this granny flat, because the owner has been busted and slapped with an order telling them to vacate the property. Worse still I have discovered they have known it was illegal all along! I’m absolutely devastated. While I know I have to move – and pronto, I feel I am still obliged to pay rent. But it just doesn’t seem fair. I’m paying rent on an illegal property, and will then also have to pay to move!

I’ve made a call to the Eastern Area Tenants Service about putting a complaint through the CTTT, but it doesn’t seem like that’s going to get me anywhere, because it is possible the owner hasn’t breached any contract with me and I’ve had ‘use’ of the premises. But surely it’s illegal for them to [continue to] take my money??

What can I do? The owner got her lawyer on to the council when the order was first given back in April and the lawyer then came past with their building inspector who confirmed that is had to be bulldozed (no hope in hell of getting a DA approved: circa 1940s asbestos granny flat that is literally falling apart/sinking into the ground), but that was back in May.

After multiple requests to her lawyer for an update on progress, only last week have they finally given me an eviction notice. Intentionally dragging their feet it would seem in order to collect as much rent as possible before their little gravy train comes to it’s final stop.

Worse still (though not their problem), I’m not working at the moment and haven’t since February (very unwell for a few months), so I have been forking over my savings in rent – and unfortunately they’re about to run out. I think I have about $1,500 left. I’m frantically trying to get a job, but these things don’t happen overnight.. and I’m absolutely terrified.

I feel totally ripped off: I’ve put in so much work to make this flat liveable. Ultimately, I feel I should be given my rent back – at least to the date where they were slapped with the order and I feel they should pay for my moving costs. It mightn’t be a lot to them, but it’s a lot to me. However I dare say I’m not going to get it .

Can I at least stop paying rent until I find somewhere to live?? The thing is I don’t want to get myself in trouble.

Surely the act of making money off a tenant on a building that’s been deemed illegal to inhabit is against the law? I’ve looked through the Residential Tenancy Act, but I can’t see anything of any help.

So even if can’t get the rent I’ve paid since the order was issued back, it looks like these cronies are going to get away with it. It’s just so unfair.

Does anyone know anything about this area of the law, or what I might be able to do? Unfortunately, I can’t afford to engage my own lawyer at the moment, so I’d really appreciate any advice – any at all.

Thanks in advance.