Mould in a rental property: Is it a landlord’s or tenant’s responsibility?

With winter almost upon us and rain ravaging many parts of the country, it’s a prime time for mould growth.

In laundries and lurking at the back of wardrobes, bathrooms and beneath floors, mould is a common issue that affects all kinds of buildings – including our homes.

So, if you’re living in a rental property it’s important to know whether mould your responsibility or your landlord’s.

Mould can be lurking around when there’s been a lot of wet weather. Picture: Getty

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It turns out the answer isn’t so clear-cut, with liability depending on what caused the mould to crop up.

Here’s what you need to know:

Why does mould grow and why is it a problem?

Mould is a type of organism that feasts on organic matter and thrives in damp environments. It can get into your home in multiple ways: through open windows or vents, through your air con, or even via your clothes or shoes.

Once it’s inside your home, mould doesn’t need a whole lot to survive – just enough dirt, dust or other organic materials it can consume, plus a high-humidity environment to help it grow.

Mould tends to surface in areas that experience high moisture levels, like bathrooms, laundries and kitchens.

But it can also appear in other areas, such as the bedroom, living room and, rather frustratingly, at the back of the closet – sometimes resulting in mould all over your clothes.

Mould is a pretty significant problem for a few reasons. First, it impacts your health. Mould can lead to respiratory issues like coughing, sneezing and wheezing, red and itchy skin or eyes, as well as more serious complications like lung infections and trouble breathing.

Second, it can do nasty damage to your home. Depending on where it’s growing, mould can affect parts of the building like the walls, ceiling, tiles and carpet, plus it can get into your furniture and other belongings. If the situation becomes serious enough, it can even cause structural damage by creeping behind walls and under carpets, floorboards and tiles.

If you’re a renter, this could very well be considered property damage, depending on the circumstances that led to the mould problem.

Are renters or landlords responsible for fixing mould?

There’s no black and white answer to this one – responsibility comes down to what caused the mould.

If the mould is found to be a result of negligence on the renter’s part – such as not using proper ventilation when showering or cooking – then accountability lies with them.

But if there are structural faults in the home that led to mould – like a leaky roof or rising damp – then it’s up to the landlord or agent to fix.

Given the amount of wet weather experienced by many parts of the country it’s especially important that properties have adequate drainage and are maintained properly by the landlord.

If a landlord has been notified of a mould problem it’s their responsibility to make sure it’s dealt with quickly.

What renters need to do to prevent mould

As a renter, it’s up to you to keep the property reasonably clean, not cause or permit damage (be it intentionally or through negligence), and alert your landlord or agent as soon as possible about any damage to the home.

In a practical sense, this means:

• Using proper ventilation – such as exhaust fans, rangehoods and windows – when showering, bathing, doing laundry, drying clothes indoors and cooking
• Cleaning up pools of water that form on tiles, floorboards, and around sinks and basins
• Allowing carpet to properly dry out if any liquid spills on it
• Wiping up condensation from walls, windows, mirrors and other hard surfaces
• Closing windows and doors when it’s raining outside
• Cleaning the home regularly and thoroughly
• Letting your landlord or agent know (in writing) about mould issues as soon as they arise

What landlords need to do to prevent mould

It’s equally the landlord’s job to maintain the home to stop mould from growing. They need to keep the property in good condition and make sure repairs are done within a reasonable timeframe.

They must also stick to building, health and safety requirements.

For landlords, this means:

• Equipping the home with proper ventilation in the ceiling and under the floors, as well as adequate plumbing and drainage
• Ensuring no parts of the home, including the foundations, are subject to problematic dampness
• Making sure water can’t get in via the roof, ceiling or windows
• Fixing broken exhaust fans and rangehoods
• Addressing repairs like broken pipes, plumbing and roof leaks and faulty gutters as soon as possible

If water is getting in behind walls and above ceilings it’s likely to be a structural issue the landlord needs to fix. Picture: Getty

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How to avoid being responsible for mould

• Tell the landlord or agent immediately if you see a significant amount of mould. Left untreated, mould can become a bigger problem and you may be liable for not letting them know sooner. In turn, your landlord or agent should address the issue as quickly as possible.
• If you’ve just moved into a new rental property check for any mould issues in your condition report. Your landlord or agent may have already noted patches of dampness or mould, but if not, you can log them yourself.
• Take photos – that way there’s proof that the problem existed before you moved in.
• Look for any faults that could cause mould, such as broken pipes or windows that won’t close properly, and alert the property manager or landlord.
• Throughout your tenancy, be proactive in preventing mould.
• Do your bit to keep mould at bay. Small patches can usually be cleaned off with diluted white vinegar or mould-remover.

Seeking compensation

You can seek compensation if your belongings are damaged by mould and the landlord is responsible.

However, tenants still need to take reasonable steps to protect their things: remove clothing from the wardrobe if you spot mould growing.

Remove belongings out of damp areas and lift rugs off mouldy floorboards, carpets or tiles. This is known as mitigating your losses.

What happens if you can’t agree on who is responsible?

In some cases, tenants and landlords may reach a stalemate where neither party will accept responsibility. If this happens, the case can be escalated to the state or territory’s tenancy tribunal for resolution.

Both parties will need to provide evidence of their case, including but not limited to:

• The condition report
• The tenancy agreement
• Photos of the affected areas
• A log or diary of attempts to repair the issue
• Written correspondence between the landlord, agent and tenants
• Expense receipts for repairs or any damage that occured
• Mould samples
• An environmental report on the home and mould problem

Based on each party’s case, the tribunal will decide who is responsible, as well as any compensation owed to the other party.

Keeping a close eye on the overall condition of the property and raising anything that concerns you is the best way to avoid issues in a rental. Picture: Getty

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Find out more for your state

For more information on mould or other issues in a rental property specific to your state or territory, head to the websites below: