Who is responsible for mould in a rental property in Australia?

Landlords are generally responsible for mould caused by structural issues such as leaks, poor ventilation, rising damp, or building defects. Tenants may be responsible if mould results from lifestyle factors like not ventilating the bathroom or drying clothes indoors without ventilation. If in doubt, the landlord should investigate and fix any structural causes.

Is mould in a rental property a health hazard?

Yes, mould can be a serious health hazard, particularly for people with asthma, allergies, or compromised immune systems. Black mould (Stachybotrys) can cause respiratory problems, headaches, and other symptoms. Landlords have a duty to provide a property that is fit for habitation and safe for tenants.

Can I break my lease due to mould in Australia?

You may be able to end your lease early if the property is uninhabitable due to severe mould and the landlord refuses to fix it. Before breaking your lease, you should document everything, make formal written requests for repairs, and consider applying to your state tribunal. Consult your local tenants' union for advice specific to your situation.

How long does a landlord have to fix mould?

While mould is not always classified as an 'urgent repair', landlords must maintain the property in a reasonable state of repair. If mould poses a health risk, it should be treated as high priority. Most states require landlords to respond to non-urgent repairs within 14-28 days, but health-affecting mould should be addressed sooner.

Mould in Your Rental Property?

Mould is one of the most common maintenance issues in Australian rentals. Here's what you need to know about your rights and how to get it fixed.

Health Warning: Mould can cause serious health problems including respiratory issues, allergies, headaches, and skin irritation. If you or your family are experiencing health issues that may be related to mould, see a doctor and document your symptoms.

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Who Is Responsible for Mould?

This is the most common question tenants ask. The answer depends on what's causing the mould:

Landlord Responsibility

Landlords are responsible for mould caused by:

Leaking pipes or roof
Poor building ventilation
Rising damp
Building defects
Inadequate exhaust fans
Pre-existing mould at start of lease
Structural issues causing condensation

Tenant Responsibility

Tenants may be responsible for mould caused by:

Not using exhaust fans when showering
Drying clothes inside without ventilation
Blocking air vents
Not opening windows for ventilation
Not reporting leaks or dampness

Key Point: If you've been living in the property for a while and following normal ventilation practices, and mould still appears, it's almost certainly a structural issue that the landlord must fix. The landlord cannot simply blame tenant "lifestyle" without investigating the actual cause.

Your Rights as a Tenant

Under Australian tenancy law, landlords must provide a property that is:

Fit for habitation - safe and suitable for living in
In a reasonable state of repair - maintained properly
Safe and secure - no hazards to health

Mould that affects your health or enjoyment of the property is a breach of these obligations.

State-by-State Legislation

State	Legislation	Key Section
NSW	Residential Tenancies Act 2010	Section 63 (Landlord's obligations)
VIC	Residential Tenancies Act 1997	Section 68 (Maintain premises)
QLD	Residential Tenancies and Rooming Accommodation Act 2008	Section 185, 186
WA	Residential Tenancies Act 1987	Section 42
SA	Residential Tenancies Act 1995	Section 67
TAS	Residential Tenancy Act 1997	Section 36
ACT	Residential Tenancies Act 1997	Section 71
NT	Residential Tenancies Act 1999	Section 57

How To Get Mould Fixed

Document everything. Take photos of all mould, note when you first noticed it, and record any health symptoms.
Put your request in writing. Email your landlord or property manager. Describe the mould, its location, and request it be investigated and remediated.
Cite the cause. If there's an obvious cause (leak, no exhaust fan), mention it. This shows it's a structural issue.
Reference your state's legislation. This shows you know your rights and are prepared to escalate.
Set a deadline. Ask for a response within 14 days for non-urgent issues.
Follow up in writing. If they don't respond, send a follow-up referencing your original request.
Escalate if needed. Contact your state's tenants' union or tribunal if the landlord refuses to act.

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What To Include in Your Request

Your name and the property address
Description of the mould (location, colour, size)
When you first noticed it
Any potential causes you've observed (leaks, condensation)
Any health effects you've experienced
Steps you've taken (ventilation, cleaning)
Request for investigation and remediation
Reference to relevant legislation
A reasonable deadline for response

If Your Landlord Refuses To Act

If your landlord ignores your request or refuses to fix mould:

Contact your state's tenants' union for free advice
Lodge a complaint with your state's consumer body (e.g., NSW Fair Trading)
Apply to your state tribunal (NCAT, VCAT, QCAT, etc.) for an order requiring repairs
Consider rent reduction - if the property is not habitable, you may be entitled to a rent reduction

Severe Cases: If mould is causing serious health issues and the landlord refuses to act, you may have grounds to break your lease early. Always get legal advice before taking this step.

Prevention Tips

While the landlord is responsible for structural causes, you can help prevent mould growth by:

Using exhaust fans when cooking and showering
Opening windows for ventilation when weather permits
Not drying clothes indoors without ventilation
Wiping down condensation on windows
Reporting any leaks or dampness immediately

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This page provides general information about mould in rental properties. It is not legal advice or health advice. For specific advice about your situation, contact your local tenants' union or a community legal centre. For health concerns, see a doctor.

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