05/10/2020
Is the landlord or tenant responsible for mould?
Landlord's obligations
In Australia, landlords have a general obligation to ensure the homes they lease out are in a reasonable state of cleanliness and fit for habitation by the tenant.
If mould is caused by a leak in the roof, a faulty pipe or gutters or other structural faults, your landlord is responsible for fixing it and remediating the damage.
Tenants' obligations
But mould is often not caused by structural issues.
Tenants may be contributing to or creating the problem themselves by failing to regularly air out and clean the house, allowing condensation to build up in the home, or getting the carpet wet.
Tenants also have an obligation to inform landlords or their leasing agents if there's a problem with the property, for example a window that doesn't seal or a leaky pipe.
If a tenant has caused the underlying problem that led to mould developing, or hasn't informed their landlord of an issue with the property, they could be held responsible for mould damage and may have to compensate their landlord.
There are still plenty of grey areas, according to Leon Cupit from Independent Property Inspections, who often acts as an expert witness in court cases that deal with mould damage.
With no clear-cut responsibility laid out in law, landlords may not accept they're responsible for mould, forcing tenants to go through housing tribunals or the courts, which takes time and, in some cases, money.
It's up to a judge to decide whether the mould is bad enough and whether the issue is with a building defect and therefore the owner is at fault
"At the moment, it's up to a judge to decide whether the mould is bad enough and whether the issue is with a building defect and therefore the owner is at fault,"
"Property Managers don't help at all … The tenant gets hit with fines [for ending a lease early] or has to pay for a clean up, and the owner gets sued, because the real estate didn't tell the tenant or the owner about a fault like a leaky pipe. Now something that would have cost $2000 to $3000, becomes a $30,000 to $90,000 claim."