Legal

Tenant Rights: Dealing with Mould in NSW Rental Properties

Under the Residential Tenancies Act 2010 (NSW), landlords are required to maintain rental properties in a reasonable state of repair, which includes addressing mould caused by structural defects, plumbing leaks, or inadequate ventilation. If mould in your rental is caused by a building fault rather than lifestyle factors, your landlord is legally obligated to arrange and pay for remediation.

The correct process starts with documenting the mould thoroughly with photographs and written descriptions, then notifying your landlord or property manager in writing. Request a professional mould inspection to determine the cause. If the mould is caused by a structural issue such as a leak, poor drainage, or failed waterproofing, the landlord must arrange repairs. Mould testing can provide independent evidence of the severity and type of mould present.

Tenants do have responsibilities too. You are expected to maintain reasonable ventilation by using exhaust fans, opening windows when practical, and reporting leaks or moisture issues promptly. Mould caused purely by tenant behaviour (such as drying clothes indoors without ventilation or never running exhaust fans) may be the tenant's responsibility to address.

If your landlord refuses to act on a legitimate mould complaint, you can apply to the NSW Civil and Administrative Tribunal (NCAT) for a repair order. We connect you with qualified specialists who can provide independent assessment reports suitable for NCAT proceedings. Understanding the health dangers of mould strengthens your case for urgent action. Visit our cost guide to understand what remediation should reasonably cost.

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