Your rights and options if you find mould in your rental

Mould issues are one of the most common disputes in rental tenancies, according to real estate experts and tenancy advocates.

Tenants Queensland receives an average of one complaint a day from tenants reporting mould issues in their homes.

"It's anything from a long-time mould occurrence that they thought had been rectified to a tenant moving into a property that was previously flooded and wasn't remediated properly," says Julie Bartlett, principal solicitor at Tenants Queensland, Brisbane/Meanjin.

"With the recent rains, it might be an issue at properties that haven't had the opportunity to dry out, and there's not enough ventilation."

But how do you deal with a mould issue in a rental? And legally, whose responsibility is it to clean it or get rid of it?

Why is mould a concern?

Because it's a type of fungus, mould is present almost everywhere. It lives on plant and animal matter and plays an important role in our ecosystem.

But mould growth inside the home, often brought on by flood damage, plumbing leaks or damp and humid conditions, can be damaging to our health, especially when left unchecked.

Experts say mould spores, which are carried in the air, can sometimes trigger allergy and respiratory symptoms such as nasal congestion, wheezing, watery or itchy eyes, coughing and respiratory infections.

What to do if you notice mould

Tenants should report signs of mould or damp as soon as they appear and landlords should respond promptly, says Stewart Bunn, corporate affairs manager from First National Real Estate, based in Melbourne/Naarm.

"Early intervention is almost always simpler, cheaper and more effective than waiting until the problem becomes widespread."

Alex Bomford, acting principal solicitor at the Tenants Union of Tasmania/Lutruwita, recommends that tenants document and report the mould problem.

"Take a photo and send it in an email to their landlord or real estate agent just so that they have a paper trail that they have notified them of the problem," he says.

"Secondly, [tenants] should attempt to find the source of the problem if there is an obvious one."

Ms Bartlett says reporting the issue in writing "creates evidence that shows the lessor was informed and that starts a repair or investigation process".

She says in many cases, the underlying cause could be a building defect, water ingress or repair issues.

"We advise tenants to look for things such as discolouration, musty smells, hidden mould under carpets, under furniture or leaks, to see what's causing the mould."

Do I need to clean mould in a rental?

Mr Bomford says if there's no obvious cause, tenants should try to clean the mould themselves, "in a safe manner", depending on where it's located.

"What we suggest is that tenants take all reasonable steps to try to get rid of it themselves," he says.

"So, heating and ventilation, dehumidifiers and cleaning within reasonable limits.

"And document the steps you've taken."

In addition to reducing the amount of moisture, immunologist and allergy specialist Sheryl van Nunen from Sydney/Gadigal recommends people use a vinegar solution to remove mould instead of bleach.

"In most cases, if you use bleach, a background level of mould spores will remain, and you're not really getting rid of it. Whereas vinegar will do it."

Victoria Health recommends making sure you open doors and windows before you start cleaning to allow air to circulate.

Protect yourself with gear including an N-95 mask and eye goggles or safety glasses.

Don't brush the mouldy area, since spores that end up in the air can be breathed in.

Throw out anything that can't be cleaned, such as cardboard boxes and mattresses.

What if the mould gets worse or won't go away?

If it's a recurring problem, then that suggests it's a structural issue, according to the experts.

"If mould develops because of a leaking roof, faulty plumbing, defective windows or inadequate ventilation, the responsibility generally sits with the landlord," Mr Bunn says.

"Where mould presents a genuine health risk, it may be treated as an urgent repair under residential tenancy laws."

While legislation differs between states and territories, Mr Bunn says property managers would generally expect landlords to authorise "appropriate investigations and remediation within a reasonable time frame once they have been notified of the problem".

He says the timing of the mould can be an important clue for tenants.

"If mould appears shortly after a tenant moves in, it may indicate a pre-existing issue with the property."

Email address

Mr Bomford says in some states and territories, there is no obligation for landlords to disclose a previous mould issue to new tenants.

"It's definitely not uncommon for landlords to not be quite so forthcoming about previous issues," he says.

"But in Victoria, for instance, there's an obligation on landlords to disclose before a tenancy has begun, whether there has been a structural mould problem in the previous five years."

Ms Bartlett says in Queensland, lessors must ensure the premises is free from mould under recent changes to its minimum housing standards.

What are my rights if the issue isn't fixed?

If your documented evidence and emails to the lessor aren't helping get the problem sorted, it might be time to reach out to a tenant advocacy group or lodge a complaint with the relevant tribunal.

"They have the power to order that landlords and agents carry out repairs if they're refusing to do them, if they're refusing to acknowledge responsibility or they're just ignoring the tenant," Mr Bomford says.

"It's quite a simple process for a tenant to make an application to them."

Ms Bartlett says the tenants could claim a rent reduction if they're unable to use a portion of the house due to mould issues, or if they have to relocate in the short term.

She says tenants may also be able to seek a termination of the lease.

"For [an] unremedied breach, they would argue that this is a breach of the tenancy agreement," she says.

"And possibly seek some compensation for having to terminate the tenancy early because it's essentially the lessor forcing them to terminate."