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
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
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.
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.
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 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.
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
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
Useful official links
- NSW Fair Trading — Mould in rental properties(opens in a new window)
NSW Fair Trading's guidance on mould in rental properties — responsibility by cause and the reporting and dispute process (NSW)
- Consumer Affairs Victoria — Repairs in rental properties(opens in a new window)
Consumer Affairs Victoria — VIC rental repair procedures and guidance on minimum standards
- (opens in a new window)