Rental mould and damp — responsibility, written repair requests and tenant rights

Dealing with rental mould and damp — responsibility and tenant rights

Mould and damp — the most common rental dispute of the winter condensation season. This guide covers who is responsible by cause, the written reporting process, gathering evidence, and tribunal remedies every tenant should know.

Mould disputes at a glance — responsibility starts with the cause

In Australian rentals, mould and damp problems are a classic rental dispute that spikes during the winter (June–August) condensation peak. Landlords have a duty to provide and maintain the property in a habitable condition and to carry out repairs they are notified of within a reasonable time, while tenants have a duty of reasonable care, such as ventilation and cleaning, and to notify problems as soon as they are found. Responsibility starts not with 'whose fault is it' but with 'what is causing the mould'. In NSW, VIC, and elsewhere there is a legislative trend to include mould- and damp-related items in rental minimum standards, but the details differ by state, so check with the official body in your state.

Structural causes vs lifestyle factors — don't assume either way

Structural causes (roof or plumbing leaks, poor drainage, missing or broken ventilation systems, insulation defects) tend to be treated as the landlord's responsibility, while lifestyle factors (inadequate ventilation, drying laundry indoors, not using the bathroom exhaust fan) are seen as the tenant's area of care. However, winter condensation often has mixed causes where building factors and living habits overlap, and the criteria depend on state legislation and tribunal decisions, so responsibility cannot be assumed to lie with either side alone.

The written reporting process — following the order protects your rights

The key to dealing with mould is to follow a documented, written process in order: ① take date-stamped photos as soon as you find it → ② notify the landlord/agent in writing (email) → ③ request repairs with a reasonable deadline → ④ if ignored or refused, complain to the state consumer authority → ⑤ apply to the tribunal for a repair order or rent reduction. Skipping steps (for example, demanding a rent reduction straight away without notice) can make remedies harder to obtain.

Why does it have to be in writing?

Verbal notice is hard to prove in a 'said it / never heard it' dispute. At the tribunal, when you gave notice, what it said, and how the landlord responded become the central issues, so always notify by a dated method such as email and keep the send records.

What to include in the written notice: the date discovered, the location and extent of the mould, attached photos, the suspected cause (leak, broken ventilation system, etc.), and a repair request
State a reasonable deadline for a reply and repairs (e.g. 'Please respond by [date]') — requests without a deadline are easily left unanswered indefinitely
Keep all email send records and every reply from the property manager — they become evidence at the later complaint and tribunal stages

Some situations, such as leaks, may be classed as urgent repairs, to which a faster process applies. Whether this applies and the time limits vary by state, so check with your state's consumer authority.

Gathering evidence — the preparation that decides disputes

Mould disputes often turn on 'what caused it' and 'when notice was given', so evidence with a clear time sequence is decisive. Start keeping records from the first day you find it.

A photo and video timeline — shoot so the date is recorded, and regularly document changes in the mould's location and extent (whether it is spreading)
Copies of your written notices and every reply from the landlord and agent — even the fact of no response is itself part of the record
If there are health effects, a doctor's letter; a list, photos, and purchase receipts of damaged belongings; and indoor humidity records if possible

Always take photos before removing mould yourself — once it has been wiped away, the extent and severity are hard to prove.

Response types by situation — which one applies to me?

The right response to a mould problem depends on its cause and scale. Use the four types below to gauge your situation. The criteria for individual cases differ by state, so confirmation with the official body is needed.

A clear structural cause

Roof or plumbing leaks, poor drainage, broken ventilation systems and the like tend to be treated as the landlord's repair responsibility. Request repairs following the written reporting process, and if they are not carried out, proceed to an authority complaint and the tribunal.

Mixed causes such as winter condensation

Building factors such as insulation and ventilation systems often overlap with living habits. It is safest to improve ventilation while also requesting an inspection and repairs in writing and keeping records.

Small-scale surface mould

Small areas such as window frames or bathroom silicone can be cleaned yourself while wearing gloves and a mask and keeping the area ventilated (not a recommendation of any specific product). Take photos before removal, and notify in writing if it recurs.

Extensive or recurring mould

It will recur even after cleaning unless the cause is repaired. This calls for professional treatment and structural repairs — consider tribunal remedies such as a repair order, rent reduction, or early termination (varies by state; free legal help and Tenants' Union advice are available).

5 habits to prevent winter condensation and mould

Prevention fulfils the tenant's duty of reasonable care and, if a dispute arises, serves as evidence that you did your part. Keep the habits below, especially during the winter condensation season.

Even in winter, open the windows briefly once or twice a day to ventilate, and wipe off morning condensation on windows and frames straight away
When drying laundry indoors, ventilate at the same time — indoor drying in a closed room is a major cause of moisture build-up
Turn on the bathroom or kitchen exhaust fan when showering or cooking, and leave it running for a while afterwards
Position large furniture such as beds and wardrobes with a gap from the wall to keep air circulating along the wall surface
If you spot condensation, a leak, or signs of mould, photograph it immediately and notify the landlord in writing — early notice is both a tenant's duty and your protection

Warnings — 5 common mistakes

The mistakes below can undermine your legitimate claims or create a risk of eviction.

Never stop paying rent on your own initiative — a reduction or compensation is only possible through a written agreement or a tribunal order, and withholding rent puts you in arrears and can become grounds for eviction
Giving only verbal notice with no written record — you cannot prove the notice was given if a dispute arises
Removing the mould before taking photos — the evidence of its extent and severity disappears
Repeatedly wiping it away without requesting repairs to the cause — extensive or recurring mould will come back unless the structural cause is fixed
Leaving health symptoms to self-diagnosis — asthma, allergy, and respiratory symptoms can worsen, so consult a GP or healthdirect (1800 022 222), and act more quickly if there are infants or people with underlying conditions in the household

Useful official links

Frequently Asked Questions

Is the landlord always responsible when mould appears in a rental property?▾

No. It depends on the cause. Structural causes such as roof or plumbing leaks, poor drainage, or broken ventilation systems tend to be treated as the landlord's responsibility, while lifestyle factors such as inadequate ventilation are seen as the tenant's area of care. Winter condensation, however, often has mixed causes where both factors overlap, and the criteria depend on state legislation and tribunal decisions, so responsibility cannot be assumed to lie with either side alone.

Can I stop paying rent until the landlord carries out the repairs?▾

Absolutely not. Withholding rent on your own puts you in arrears and can itself become grounds for eviction. A rent reduction or compensation is only possible through a written agreement with the landlord or a tribunal order. Keep paying rent while following the process in order: written report → complaint to the state authority → tribunal.

Condensation forms on my windows every winter and mould grows — is it my fault?▾

It cannot be assumed either way. Winter condensation often has mixed causes, where building factors such as insulation and ventilation systems overlap with living habits. While improving your ventilation habits, if you suspect a missing or broken ventilation system or an insulation defect, it is safest to request an inspection and repairs in writing and keep records.

My cough and allergy symptoms seem to have worsened because of mould — what should I do?▾

Mould is known to potentially worsen asthma, allergies, and respiratory symptoms. If you have symptoms, see a GP or call healthdirect (1800 022 222). This guide does not provide diagnosis or treatment information. Medical records and a doctor's letter can serve as evidence in a later dispute, and if you have infants or family members with underlying conditions, it is best to act more quickly.

Can I clean the mould off myself?▾

Small areas of surface mould, such as on window frames or bathroom silicone, can be removed yourself while wearing gloves and a mask and keeping the area ventilated (we do not recommend specific products). However, always take date-stamped photos before removing anything. Extensive or recurring mould will come back even after cleaning unless the underlying cause is repaired, so a written report and a request to fix the cause come first.

I reported it in writing but the landlord or agent keeps ignoring me — what now?▾

Lodge a complaint with the consumer authority in your state — NSW Fair Trading, Consumer Affairs Victoria, the QLD RTA, and so on. If that still does not resolve it, you can apply to your state tribunal (NCAT in NSW, VCAT in VIC, QCAT in QLD, etc.) for a repair order or rent reduction. Copies of your written notices and your photo timeline up to that point become the key evidence. Procedures and deadlines vary by state, so check the official website.

Mould has ruined my clothes, furniture, and mattress — can I get compensation?▾

If a cause on the landlord's side is established (including delayed repairs after notice), compensation may in some cases be sought through agreement or the tribunal. Keep a list, photos, and purchase receipts of the damaged belongings. However, cause and responsibility are decided case by case, so for your individual matter we recommend free legal help (Legal Aid) or advice from a Tenants' Union.