Mould in a rental property
Landlords, agents and tenants have responsibilities to report and fix mould issues in a rental property.
Mould has been associated with respiratory illness and can cause serious health problems.
Mould may grow indoors in wet or moist areas lacking adequate ventilation, including:
- walls/ wallpaper
- ceilings
- bathroom tiles
- carpets (especially those with jute backing)
- insulation material
- wood.
Adequate ventilation is one of the seven minimum standards that properties must meet to be fit to live in.
The property condition report contains a dedicated section on mould. Landlords, agents and tenants should note the mould when they complete the report.
Who is responsible depends on how the mould developed.
Landlords’ responsibilities
- If mould developed from a build-up of moisture because the landlord failed to repair a defective window in a reasonable time, or the property didn’t have adequate ventilation – then the landlord is responsible and must fix the problem.
- If mould develops close to the start of the tenancy, it could be considered pre-existing damage.
- Even if mould is noted on the condition report, landlords must make sure they keep the property in a reasonable state of repair.
- If there is a fault or damage that makes the property unsafe, and causes health risks such as mould, then this may be an urgent repair.
Tenants’ responsibilities
- If the mould developed during the tenancy because the tenants allowed a build-up of moisture by never opening any windows or not using ventilation fans in the bathroom – then the tenant may be responsible.
- Tenants must notify the landlord or agent as soon as possible if they see any signs of mould or damp developing during the tenancy.
For further advice concerning the health risks of mould, call 1300 066 055 to talk to your local Public Health Unit.
Get help from NSW Fair Trading
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NSW Fair Trading call centre: 13 32 20
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