Mould in rental property

Mould in rental property? Whose responsibility?

Both the tenant and landlord can be held responsible for damage caused by mould in rental property, depending on the circumstances.

What is mould?

Mould is a fungal growth that thrives on moisture where the conditions are damp, dark and poorly ventilated. Mould can grow in your bathroom, kitchen, cluttered storage areas, wall and roof spaces and behind furniture. Mould can also cause structural damage if left untreated.

Mould in rental property is a health hazard?

Mould in rental property can cause illness in some people and exacerbate existing health issues, like asthma, respiratory infections, sinus problems, rashes and watery, itchy red eyes. Mould can also cause unpleasant odours and damage to building materials, contents and structures which may lead to expensive maintenance or management costs.

Where does mould come from?

Preventing mould at home requires a joint effort by you and your landlord. It’s important to stop moisture from entering your home and growing once it’s inside.

A few common causes of mould include:

• surface water leaking into your property
• rising damp
• rain leaking into your house through the roof or walls
• poor ventilation
• showering, cooking and boiling without proper ventilation (exhaust fans/open windows)
• using clothes dryers and unflued gas heaters without proper ventilation
• indoor plumbing leaks
• indoor liquid spills
• storing large amounts of water-absorbent materials, such as books or cardboard boxes in a damp space

Tenant Obligations for Mould:

If you’re renting property in Australia, you must:

• keep your rental property in a reasonable state of cleanliness;
• not intentionally or negligently cause or permit damage; and
• let your landlord or real estate agent know about any damage, as soon as possible.

As a tenant, you are likely to be in breach of your rental agreement if mould develops because you failed to take action to remove the mould when it first showed itself, or you:

• got the carpet wet and failed to treat it or let it dry out properly;
• didn’t aerate the bathroom by using exhaust fans or opening windows;
• left pools of water on the tiles outside the shower and let scum building up; or
• dried clothes indoors and didn’t air the room afterwards.

Has mould caused damage to your premises or belongings? You can seek a remedy in the South Australian Civil and Administrative Tribunal (SACAT) or speak to Matthews Lawyers about seeking a remedy through the Magistrates Court of South Australia. We caution you that while your landlord may be at fault for causing the damage, you the Tenant, should make every reasonable effort to ensure you don’t suffer any losses.

The landlord’s responsibility for mould

Under tenancy law, property owners acting as the landlord must:

• keep the rental premises in a reasonable state of repair;
• meet building, health and safety requirements; and
• ensure repairs are undertaken in a reasonable period of time.

Failure to maintain the rental premises in good condition a breach of law and also the rental agreement. The landlord must maintain the property and attend to maintenance matters reported by the tenant, such as:

• damp walls caused by plumbing issues;
• poor ventilation;
• a broken exhaust fan or wall-mounted heating unit; or
• a leaky roof, broken pipe or flood damage.

Applying to the South Australian Civil and Administrative Tribunal for orders

You can apply for one or more of the following orders:

• that the landlord do the repairs you have specified – apply within 3 months of the landlord failing to do repairs by your deadline.
• that the rent is reduced from when you told the landlord/agent about the need for the repairs until repairs are done (not for social housing tenants who get a rent rebate) – apply at any time before the end of the tenancy.
• that the landlord compensate you for losses you suffered because they did not do the repairs – apply within 3 months of the landlord failing to do repairs by your deadline.
• that all or part of the rent is paid to the Tribunal until the repairs are done.
• that you be allowed to terminate the tenancy.

People who are not named on the tenancy agreement as tenants (e.g. children) cannot apply to the Tribunal.

Applying for an order for repairs

You must be able to show that:

• the premises are not in ‘reasonable’ repair and/or the premises do not reach the minimum standards to be ‘fit for habitation’
• it is not your fault
• the landlord/agent knew about the need for repairs
• you told them about it (e.g. you wrote them a letter), or
• they ought reasonably to have known about it (e.g. they inspected the premises)
• the landlord/agent did not get the repairs done in a reasonable time

Applying for a rent reduction

The Tribunal may make an order that the rent is or was excessive due to a reduction or withdrawal by the landlord of any goods, services or facilities provided with the premises (e.g. a room becomes unusable due to mould growth).

If the Tribunal finds that the rent is excessive, it will make an excessive rent order. It will specify:

• the amount that the rent must not exceed
• the day from which this maximum rent applies – for a period of up to of 12 months

Applying for compensation

You can apply for order/s that the landlord compensate you for economic loss such as destruction of or damage to your belongings.

You may also apply for an order that the landlord compensate you for loss of enjoyment of premises you have suffered.

You must be able to show that your loss was caused by the landlord’s failure to do repairs. The Tribunal may not order compensation if you have not mitigated your losses.

Evidence

You must back up your claims with evidence. This may include expert reports on the presence of mould in the premises (e.g. from a scientist, council building/health inspector, builder). Such reports can be costly so you may need to rely on other evidence.

The condition report is important evidence of the state of the place at the start of the tenancy. Other evidence may include:

• your tenancy agreement
• correspondence with the landlord/agent
• photos and drawings of the premises
• samples of the mould (safely gathered and contained)
• receipts for expenses
• printed materials (such as factsheets) about mould and its effects.

Personal injury

If someone in your household has been made ill by mould, seek medical advice and call Matthews Lawyers for legal advice about your rights and options.