Mould in Rental Properties — NSW Tenant Rights & Landlord Obligations
Dealing with mould in your rental property? Understand your rights as a tenant, your landlord's legal obligations, and the steps you can take if mould is not being addressed.
Residential Tenancies Act 2010 (NSW) — What It Says About Mould
The Residential Tenancies Act 2010 (NSW)is the primary legislation governing rental agreements in New South Wales. While the Act does not mention "mould" specifically, several provisions are directly relevant:
- Section 52 — Landlord's obligation for repairs: The landlord must provide and maintain the residential premises in a reasonable state of repair, having regard to the age of, rent payable for, and prospective life of the premises.
- Section 51 — Fitness for habitation: The landlord must ensure that the premises are reasonably fit for habitation by the tenant at the start of the tenancy. A property with significant mould contamination may not meet this standard.
- Section 63 — Urgent repairs: If mould is caused by a fault or breakdown likely to injure a person, cause damage to the premises, or cause the tenant undue hardship, it may qualify as an urgent repair. The landlord must arrange urgent repairs promptly.
Important: This page provides general information about tenant rights in NSW. It is not legal advice. For advice specific to your situation, contact the Tenants' Union of NSW or seek independent legal counsel.
Landlord Obligations
Maintain Habitability
The property must be fit for habitation. Significant mould growth that poses health risks or causes damage may render a property uninhabitable under the Act.
Structural Repairs
Landlords must fix structural issues that cause or contribute to mould — including roof leaks, plumbing faults, rising damp, failed waterproofing, and defective guttering.
Adequate Ventilation
If the property design does not allow adequate ventilation (e.g., no exhaust fans in bathrooms or kitchens, no operable windows), this is a structural issue the landlord must address.
Respond to Repair Requests
When a tenant reports mould in writing, the landlord (or their agent) must respond within a reasonable timeframe. Ignoring repair requests is a breach of the tenancy agreement.
Tenant Obligations
Tenants also have responsibilities when it comes to preventing and managing mould:
- Use ventilation properly. Run exhaust fans when cooking, showering, and using the clothes dryer. Open windows when weather permits to allow air circulation.
- Report mould promptly. Notify your landlord or agent in writing as soon as you notice mould growth. Delays in reporting can worsen the problem and may weaken your position.
- Take reasonable care. Avoid actions that increase moisture — such as drying clothes indoors without ventilation, blocking vents or exhaust fans, or leaving wet items against walls.
- Clean minor surface mould.Small patches of surface mould on tiles or glass caused by condensation are generally the tenant's responsibility to clean, similar to other routine cleaning tasks.
- Do not attempt major remediation.Tenants should not attempt to remove large mould infestations or undertake structural repairs — this is the landlord's responsibility and attempting it could worsen the problem or cause health risks.
How to Report Mould to Your Landlord
Always report mould in writing — email is ideal as it creates a timestamped record. Include photographs, describe the location and extent of the mould, mention any health symptoms, and request a specific timeframe for action. Below is a template you can adapt:
Template: Mould Repair Request Letter
Subject: Repair Request — Mould Growth at [Property Address]
Dear [Landlord / Agent Name],
I am writing to formally notify you of a mould problem at the above property which requires your urgent attention.
Location of mould: [e.g., Bathroom ceiling, bedroom wall, kitchen window frames]
Extent: [e.g., Approximately 2 square metres covering the bathroom ceiling]
Duration: [e.g., First noticed approximately 3 weeks ago and growing]
Possible cause: [e.g., The bathroom exhaust fan is not working / There appears to be a leak in the ceiling]
I have attached dated photographs of the mould. [If applicable: Household members are experiencing health symptoms including {symptoms} which may be related to the mould exposure.]
Under the Residential Tenancies Act 2010 (NSW), the landlord is responsible for maintaining the property in a reasonable state of repair and ensuring it is fit for habitation. I request that the mould be professionally assessed and remediated, and the underlying cause addressed, within 14 days of this notice.
Please confirm receipt of this request and advise the proposed timeframe for remediation.
Kind regards,
[Your Name]
[Your Phone Number]
What If Your Landlord Does Not Act?
If your landlord or agent fails to respond to your written repair request within a reasonable time (generally 14 days for non-urgent issues, or 24-48 hours for urgent matters), you have several options:
Step 1: Follow Up in Writing
Send a follow-up email referencing your original request and the lack of response. State that you intend to escalate the matter if the issue is not addressed within a specified timeframe (e.g., 7 days).
Step 2: Contact NSW Fair Trading
NSW Fair Trading can assist with tenancy disputes. They offer a free mediation service that can help resolve the issue without going to a tribunal. Phone: 13 32 20.
Step 3: Apply to NCAT
The NSW Civil and Administrative Tribunal (NCAT) can make binding orders requiring your landlord to carry out repairs, pay compensation, or reduce your rent. The application fee is modest (currently $53 for individuals). NCAT can order:
- Specific repairs to be completed within a set timeframe
- Rent reduction for the period the property was affected by mould
- Compensation for expenses you have incurred (cleaning costs, medical expenses, accommodation)
- Termination of the tenancy agreement in severe cases
Strata and Body Corporate — Mould Responsibilities
Mould issues in strata properties can be complicated because responsibility is shared between the lot owner and the owners corporation (body corporate):
- Owners corporation responsibility: Mould caused by defects in common property — building waterproofing, shared plumbing, external walls, roof, balcony membranes, or common area ventilation systems.
- Lot owner responsibility: Mould within the lot caused by internal plumbing owned by the lot, poor maintenance within the lot, or tenant behaviour.
- Shared responsibility: Often, mould in strata properties results from a combination of common property defects and internal factors. In these cases, negotiation (or NCAT adjudication) is required to determine the appropriate cost-sharing arrangement.
For tenants in strata:Your landlord is your primary point of contact regardless of whether the issue is common property or lot-specific. It is the landlord's responsibility to liaise with the strata manager and owners corporation on your behalf.
Rent Reduction for Mould in NSW
If mould has reduced your use and enjoyment of the property, you may be entitled to a rent reduction. This can be negotiated directly with your landlord or ordered by NCAT. Key points:
- A rent reduction compensates you for the reduced amenity of the property during the period it was affected by mould.
- The amount depends on the severity of the mould, the proportion of the property affected, and how long the issue has persisted.
- NCAT has ordered rent reductions ranging from 10% to 50% in mould-related cases, depending on the circumstances. In extreme cases where the property was rendered uninhabitable, 100% rent abatement has been ordered.
- To support a rent reduction claim, you need evidence of the mould (dated photos), your written repair requests, the landlord's response (or lack thereof), and the impact on your living conditions.
Reminder: Never simply stop paying rent. Always negotiate formally or seek an NCAT order. Unilateral rent withholding can result in termination proceedings against you.
Frequently Asked Questions — Mould in Rentals (NSW)
Is mould in a rental property the landlord's responsibility in NSW?
Generally, yes. Under the Residential Tenancies Act 2010 (NSW), landlords are responsible for maintaining the property in a reasonable state of repair and ensuring it is fit for habitation. If mould results from structural defects, plumbing leaks, inadequate ventilation, or waterproofing failures, the landlord is responsible for remediation. However, if mould is caused solely by the tenant's actions (e.g., blocking ventilation, not using exhaust fans, drying clothes indoors without ventilation), the tenant may bear some responsibility.
Can I withhold rent because of mould in my rental?
No. Tenants in NSW cannot legally withhold rent, even if the property has serious mould issues. Withholding rent puts you in breach of your tenancy agreement and can result in a termination notice. Instead, follow the formal repair request process and, if necessary, apply to NCAT for orders including a rent reduction.
How long does a landlord have to fix a mould problem in NSW?
The Residential Tenancies Act does not specify an exact timeframe for mould remediation. However, if mould poses a health risk or makes the property uninhabitable, it can be treated as an urgent repair. For urgent repairs, the landlord must respond within a reasonable time (typically 24-48 hours). For non-urgent repairs, 14 days is generally considered a reasonable response time after receiving a written request.
Can I break my lease because of mould?
If the mould is severe enough to make the property uninhabitable and the landlord has failed to address it despite proper notice, you may apply to NCAT for an order terminating the tenancy agreement. NCAT can also order compensation for expenses incurred due to the landlord's failure to maintain the property. Seek legal advice before breaking a lease.
What evidence should I collect about mould in my rental?
Document everything. Take dated photographs of all mould growth. Keep copies of all written communications with your landlord and agent. Save medical records if anyone in the household has health symptoms. Keep records of any cleaning products or services you have purchased. Record humidity levels and ventilation conditions. This evidence is essential if the matter proceeds to NCAT.
Who is responsible for mould in a strata property?
In strata properties, responsibility depends on where the mould originates. Mould caused by defects in common property (e.g., building waterproofing, shared plumbing, external walls) is the body corporate's (owners corporation's) responsibility. Mould within the lot caused by tenant behaviour is the tenant's or lot owner's responsibility. Disputes between lot owners and the body corporate may be resolved through NSW Fair Trading or NCAT.
Can I get compensation for mould-related health issues from my landlord?
Potentially, yes. If you can demonstrate that the landlord knew about the mould problem, failed to act within a reasonable time, and this caused you health issues or financial loss, you may be able to claim compensation through NCAT. Keep detailed records of medical expenses, time off work, and any other costs. Legal advice is recommended for compensation claims.
Does a landlord need to disclose mould to prospective tenants?
While there is no specific legal requirement in NSW to disclose mould history, landlords have a general obligation to ensure the property is fit for habitation at the start of a tenancy. Renting out a property with known, untreated mould issues could constitute a breach of this obligation. Prospective tenants should inspect carefully and ask about any history of dampness or mould during the pre-lease inspection.
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