What to Do as a Tenant if You Find Mould: A Step-by-Step Guide for Australia and New Zealand
Finding mould in your rental property can be both frustrating and concerning, especially when you consider the health risks associated with prolonged exposure. In Australia and New Zealand, tenants have rights when it comes to the maintenance and condition of their rental properties, and that includes dealing with mould. Knowing what steps to take can help ensure that the issue is resolved efficiently and that you're fully aware of your legal options.
Step 1: Identify the Cause of the Mould
Before taking action, it's important to understand the potential cause of the mould. Mould can result from several factors, including:
Tenant behaviour: Lack of ventilation, drying clothes indoors, and not using exhaust fans.
Landlord responsibility: Structural issues such as leaks, dampness from poor insulation, or defective plumbing.
If mould is caused by tenant actions, you may need to deal with it yourself. However, if the mould is due to structural or maintenance issues, the landlord (or the real estate agency representing the landlord) is responsible for fixing the problem.
Step 2: Document the Mould Issue
In order to protect your rights, it's important to gather evidence of the mould issue. This documentation will be essential if you need to take further legal action or seek compensation.
Checklist for Documenting Mould:
Take photos of the mould, including close-ups and wider shots to show its extent.
Record the date you first noticed the mould and any actions you have taken to deal with it.
Keep a log of any actions you take to deal with the mould, including cleaning, ventilation, or contacting the landlord or real estate agent.
Note any health effects caused by the mould (e.g., respiratory issues, skin irritation, or headaches).
Save all communications with your landlord, real estate agent, or other parties (texts, emails, written notices). It's important to keep records of all your communication in case the issue escalates.
Step 3: Notify the Landlord or Property Manager
Once you have documented the issue, the next step is to notify your landlord or property manager (often through the real estate agency they use). In most jurisdictions in Australia and New Zealand, tenants are required to inform the landlord about any maintenance issues, including mould problems, in a timely manner.
How to Notify Your Landlord or Real Estate Agent:
It’s important to notify your landlord and the real estate agency in writing to ensure there is a record of your complaint. Here’s how you should proceed:
Prepare a formal written notice (via email or letter) to your landlord and/or the real estate agent. This ensures you have proof that you’ve reported the issue. Make sure the letter is clear and concise.
What to Include in the Notification:
Subject Line (for emails): "Urgent: Mould Issue in [Address of Property]"
Date and Description of the Issue: State clearly when you first noticed the mould and any relevant details (e.g., location in the house, suspected cause, etc.).
Example: "I noticed mould on the walls of the bathroom (photo attached) on [insert date]. The mould appears to be worsening over time, and I suspect it may be due to a leak from the roof (or any other issue you suspect).”
Request for Action: Politely but firmly ask for an inspection and repairs within a reasonable time.
Example: "Could you please arrange for a professional inspection of the property and arrange for repairs to address the issue as soon as possible? As this is a potential health hazard, I’d appreciate a prompt response.”
Reference Local Laws: Briefly mention the relevant legal obligations (for example, landlord responsibility for structural issues or health hazards).
Example: "As per the Residential Tenancies Act [State or Region], landlords are required to ensure that rental properties are maintained in a habitable condition, and issues such as mould caused by structural defects must be addressed."
Request for Timely Resolution: Give them a reasonable timeframe (e.g., 7 to 14 days, depending on the severity) to respond or take action.
Example: "I would appreciate a response within 7 days, or I may need to seek assistance from local tenancy services."
Real Estate Agency’s Role: If the landlord is using a real estate agency to manage the property, you should send this notice to both the agency and the landlord directly. The real estate agency has a duty to communicate with the landlord on your behalf and facilitate necessary repairs. Always keep communication lines open with both parties.
Step 4: Wait for the Landlord’s or Real Estate Agent’s Response
Once you've notified your landlord or real estate agent, they are legally obligated to address the issue within a certain timeframe. However, the timeline for repairs can vary depending on the severity of the mould and local legislation.
Timeline for Response:
Australia: In most states, landlords must respond within a reasonable timeframe (usually 14 days) for non-urgent issues. For more urgent issues, such as leaks causing mould, the response time may be quicker.
New Zealand: Under the Residential Tenancies Act 1986, landlords are required to fix any issues that affect health and safety. Mould caused by structural problems must be dealt with promptly.
If the landlord or real estate agent doesn’t respond within the requested timeframe, you may need to take further action.
Step 5: Seek Professional Help if Necessary
If your landlord or real estate agent doesn’t respond or the problem persists despite their attempts at remediation, it may be time to get external help.
Contact a local tenancy service: In Australia, you can contact Fair Trading (NSW), Consumer Affairs (VIC), or the Queensland Residential Tenancies Authority for guidance. In New Zealand, you can reach out to Tenancy Services for assistance.
Request a third-party inspection: If you're unsure about the cause of the mould or if the landlord is disputing responsibility, consider getting a professional inspection. Some tenancy services may also offer free inspections.
Step 6: Consider Legal Action if the Issue Isn’t Resolved
If the issue remains unresolved, or if the landlord or real estate agent refuses to take action, you have legal avenues available to you. Here’s what you can do:
Legal Requirements in Australia:
NSW, VIC, QLD: If the mould is caused by structural issues and the landlord refuses to fix the problem, tenants have the right to take action through their respective state tribunals.
Compensation: If your health has been affected by the mould, you may be entitled to compensation. For example, you may be able to claim compensation for medical expenses or rent reduction due to the uninhabitable living conditions.
Steps to Take Legal Action:
Request mediation: Before proceeding to a tribunal, you are typically required to attempt to resolve the issue through mediation (available through tenancy services).
Apply to a tribunal: If mediation fails, you can apply to the Tenancy Tribunal (Australia) or Tenancy Tribunal (NZ). If you are in New Zealand, this is a necessary step for tenants before seeking compensation.
File a claim for compensation: If you have experienced health issues or incurred extra costs (such as medical bills or additional cleaning), you may be eligible to claim compensation.
Step 7: Take Care of Your Health and Safety
While waiting for repairs or resolution, it’s essential to take steps to mitigate the health risks associated with mould exposure.
Health and Safety Checklist:
Ventilate the property by opening windows and using exhaust fans to reduce moisture.
Clean small mould patches with a mixture of white vinegar and water, or use a commercial mould cleaner. Make sure to wear protective gloves and a mask.
Consider using a dehumidifier to control indoor humidity levels and prevent further mould growth.
Seek medical advice if you experience health symptoms related to mould exposure (e.g., respiratory issues, skin irritation).
Step 8: Know Your Legal Rights for Compensation
If the mould issue has affected your health, caused property damage, or resulted in additional costs, you may be entitled to compensation.
Compensation in Australia:
Health issues: If you can demonstrate that the mould has negatively affected your health (backed by medical records), you may be entitled to compensation for medical expenses.
Rent reductions: If the property was uninhabitable due to mould, you may be eligible for a rent reduction for the period the property was in poor condition.
Compensation in New Zealand:
Health damage: As with Australia, if you can provide evidence of health issues caused by the mould, you may be entitled to compensation.
Rent reduction: You may also be able to claim a reduction in rent if the living conditions were significantly impacted by mould.
Local Laws to Reference:
New South Wales (NSW): According to the Residential Tenancies Act 2010 (NSW), landlords must ensure the rental property is in a reasonable condition, which includes addressing health risks like mould. Tenants must notify the landlord of issues in writing, and the landlord is required to act within a reasonable time. If the issue isn’t resolved, tenants may apply to Fair Trading or take the matter to the NSW Civil and Administrative Tribunal (NCAT).
Victoria (VIC): Under the Residential Tenancies Act 1997 (VIC), landlords are obligated to ensure rental properties are fit for habitation. Mould caused by structural issues must be addressed by the landlord. Tenants can report issues to Consumer Affairs Victoria (CAV) and apply for a Victorian Civil and Administrative Tribunal (VCAT) hearing if the problem is not addressed.
Queensland (QLD): Under the Residential Tenancies and Rooming Accommodation Act 2008 (QLD), landlords must maintain the property to ensure it is safe and habitable. Mould caused by leaks or other structural issues is the landlord’s responsibility. Tenants should contact the Residential Tenancies Authority (RTA) for assistance and can apply to the Queensland Civil and Administrative Tribunal (QCAT) for resolution.
New Zealand: According to the Residential Tenancies Act 1986 (NZ), landlords are required to provide and maintain a property that is healthy and safe to live in. This includes addressing mould caused by structural issues. If the landlord fails to act, tenants can seek help from Tenancy Services or apply to the Tenancy Tribunal. It all begins with an idea. Maybe you want to launch a business. Maybe you want to turn a hobby into something more. Or maybe you have a creative project to share with the world. Whatever it is, the way you tell your story online can make all the difference.