Mould in a rental property: who pays, state by state

Every state read for this site answers the question the same way in principle: mould is the landlord’s problem when the building caused it and may be the tenant’s when the way the home was used caused it. What differs is how much of that is written into law, how fast a repair has to happen, and where a tenant goes when it does not. This page sets those out side by side, then walks through the steps from the first photo to a tribunal.

What each state’s law says about mould

Victoria and Queensland are the two states where the word “mould” appears in the standard itself, and both carve out mould the tenant caused. South Australia’s standard reaches it through damp; New South Wales reaches it through dampness in the structure and ventilation. In Western Australia and the ACT it is a repair question: a leak or a broken fan the landlord did not fix.

Building or behaviour: how the cause gets decided

The question the regulators’ examples turn on is this: condensation from living, or water from the building? The regulators’ own examples draw the line in the same place. Western Australia’s Commissioner lists, as landlord failures, a leaky roof, a broken pipe, flood damage, a broken exhaust fan or window, and walls damp from plumbing; as tenant failures, not ventilating, drying clothes indoors without airing the room, and getting carpet wet without drying it (Government of Western Australia, Commissioner’s blog: Mould in rental properties). NSW Fair Trading uses a defective window not repaired in reasonable time on one side and never opening windows or using bathroom fans on the other (NSW Fair Trading, Mould in a rental property). Queensland’s exception names the exhaust fan (Residential Tenancies and Rooming Accommodation Regulation 2025 (Qld) sch 6 item 4).

That makes the useful evidence predictable:

• Where it is. Mould spreading from a ceiling stain, a wall behind a shower or a skirting board on an outside wall points at water getting in. Mould on window frames and the coldest corners of a bedroom points at condensation — though a room with no working fan or a window that will not open makes condensation the landlord’s issue again.
• Moisture readings. A wall that is wet inside, not just on the surface, is a leak or rising damp, not breath and showers. Mould inspection covers what an inspection should measure.
• What works. Photograph the exhaust fan running (or not), the windows that open (or do not), and the vents.
• When it appeared. NSW Fair Trading says mould that develops close to the start of a tenancy could be considered pre-existing damage (NSW Fair Trading, Mould in a rental property). Dates matter.

Getting it fixed, step by step

1. Report it in writing, straight away. NSW Fair Trading says tenants must notify the landlord or agent as soon as possible if they see signs of mould or damp; the ACT terms likewise require the tenant to notify the lessor of any need for repairs (Residential Tenancies Act 1997 (ACT) sch 1 cl 55(1)). An email with photographs and the date is the record.
2. Say whether it is urgent. Where the mould comes from a burst pipe, a serious roof leak or flooding, those are urgent repairs in NSW, Victoria, Queensland and the ACT, and Victoria and Queensland treat building-caused mould itself as urgent.
3. Back it up if asked. Consumer Affairs Victoria says a renter may need to give proof that the mould is dangerous and needs urgent repair, such as an assessment report by an occupational hygienist, environmental health professional or expert from the local council (Consumer Affairs Victoria, Pests, infestations and mould), and that renters may be able to get the cost of a health assessment back by applying to VCAT.
4. If the landlord does not act on an urgent repair, the tenant can arrange it within a cap and be repaid. The caps differ:

South Australia works differently: under s 68 a tenant may recover reasonable repair costs where the landlord fails to act after notice, but only if the work is done by a licensed person (Residential Tenancies Act 1995 (SA) s 68), and under s 67A(2) the tenant may request urgent repairs to bring premises up to the minimum standards, which carry a maximum penalty of $25 000 for a landlord who does not comply (Residential Tenancies Act 1995 (SA) s 67A).

5. If it still is not fixed. In NSW, a complaint to NSW Fair Trading can end in a rectification order, and after that the dispute goes to NCAT (NSW Government, Getting repairs done). In Victoria, Consumer Affairs Victoria points to an application to VCAT for a decision. In Western Australia, the tenant can issue a breach notice and apply to the Magistrates Court for a repair order or compensation, such as a rent reduction until the repairs are done (Government of Western Australia, Commissioner’s blog: Mould in rental properties).

Before you sign, and at the start

Victoria asks the most of a rental provider before a lease is signed. A property must meet the minimum standards before it is advertised, and a provider who has received a repair notice, in the last 3 years, relating to mould or damp caused by the building structure must disclose it to a rental applicant (Residential Tenancies Regulations 2021 (Vic) reg 16(2)(c)). Ask about it if it is not volunteered.

New South Wales puts the weight on the condition report: the property condition report contains a dedicated section on mould, and both sides should note mould when they complete it. A tenant who records existing mould at the start protects themselves later; a landlord who records it is still required to keep the property in a reasonable state of repair.

The ACT has set a compliance date of 30 November 2026 for its ceiling insulation standard on older continuous tenancies (Residential Tenancies Regulation 1998 (ACT) pt 3). It is not a mould rule, but an uninsulated ceiling is one of the cold surfaces condensation forms on, which is why it is worth checking in a Canberra rental.

Belongings, health and the tenant’s own insurance

Mould that damages a tenant’s belongings raises a separate question from the repair. The landlord’s building insurance is about the building; a tenant’s contents policy, if they have one, is about their things, on its own wording. Where the landlord’s failure to repair caused the loss, compensation is a matter for the tribunal or, in Western Australia, the Magistrates Court. Keep the damaged items, or at least photographs and receipts, until that is settled.

On health, the regulators route tenants to professionals rather than give medical advice: Consumer Affairs Victoria names an occupational hygienist’s assessment or a doctor’s report as the kind of proof a renter may need. Consumer Protection WA tells agents that mould over a large area, or that keeps returning, should be treated by a mould removal professional (Consumer Protection WA, Real estate industry bulletin 267: Minimising the risk of mould in a rental property).

The mould removal guide covers cleaning and costs, and the city pages set out the local detail: Melbourne, Sydney, Brisbane, Perth, Adelaide and Canberra.

Common questions