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.

 

So if you own a rental property, it is important to know whether mould is your responsibility or your tenant’s as the answer it not so clear-cut, with liability being dependent on what caused the mould.

We have come up with a few important things you should know:

1. 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.

Mould is a pretty significant problem for a few reasons. First, it impacts your health. 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 and if the situation becomes serious enough, it can even cause structural damage by creeping behind walls and under carpets, floorboards and tiles.

2. 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.

3. 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

 

4. 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

 

Posted on 30 April 2023

 

Disclaimer: This blog post is not to be considered legal advice. If you are seeking specific legal advice we suggest that you consult a legal professional before making any significant decisions in this regard.

Reference: Realestate.com.au, https://www.realestate.com.au/advice/mould-in-rental-property/