Guide

Mould Disputes in NSW Rentals: Fair Trading, NCAT and Your Bond

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A mould dispute in a NSW rental escalates in three steps: a written repair request to the landlord or agent, a complaint to NSW Fair Trading’s free tenancy complaint service, and then an application to the NSW Civil and Administrative Tribunal (NCAT). NCAT can order repairs, compensation and, in serious cases, end the tenancy. Who wins usually comes down to evidence of what caused the mould and when it was reported.

This is general information, not legal advice. The Tenants’ Union of NSW gives free advice to tenants.

Who is responsible for the mould

NSW Government guidance on mould in a rental property puts it on cause. The landlord must fix mould from a defect not repaired in reasonable time, or from inadequate ventilation, and must keep the property in reasonable repair even if mould was noted at move-in. The tenant may be responsible if they allowed moisture to build up, for example by never opening windows or not using the bathroom fan, and must report mould or damp as soon as they see it. Mould that creates a health risk may be an urgent repair.

Roof leaks, plumbing leaks, failed shower waterproofing, rising damp and a missing or broken exhaust fan usually sit with the landlord. The guide to rising damp versus condensation explains how to tell a building moisture problem from ordinary condensation, which is often the whole argument. Landlords can see the same rules from their side in the landlord mould checklist.

Step 1: put it in writing

Write to the landlord or agent:

  • what the mould is, where, and when you first noticed it
  • dated photos
  • anything you know about the cause (a leak after rain, a fan that does not work)
  • the repair you are asking for and a reasonable date for it

Keep a copy of every message and reply. Landlords should answer every report in writing, even to decline; silence reads badly at a hearing.

Do not stop paying rent. Withholding rent puts you in breach of the agreement. NCAT can instead order that rent be paid to the Tribunal until the landlord performs the agreement.

Step 2: NSW Fair Trading

If the request is ignored or refused, lodge a complaint with Fair Trading. Its tenancy complaint service is free and covers disputes about repairs, maintenance and damage. Fair Trading can also investigate and issue a rectification order requiring the landlord, or the tenant, to fix the problem by a set date. If the parties still cannot agree, the next step is NCAT.

Step 3: NCAT

Tenancy applications go to NCAT’s Consumer and Commercial Division. You can apply online or on a PDF form; there is a fee, reduced for concession card holders. Tenancy cases are first listed for conciliation, and go to a contested hearing only if that fails.

Under the Residential Tenancies Act 2010, NCAT’s published list of tenancy orders includes:

  • an order that the landlord carry out repairs
  • an order reimbursing a tenant for urgent repairs they paid for
  • compensation
  • an order reducing rent where the premises are unusable or uninhabitable
  • termination of the tenancy where the landlord has breached the agreement
  • an order that a termination notice has no effect because it was retaliatory

If repairs are done before the hearing, a repair order may no longer be needed, but compensation for the period the property was not in reasonable repair can still be argued.

The evidence that carries weight

EvidenceWeight
Ingoing condition report (it has a dedicated mould section)High
Dated photos and video with locationsHigh
Written repair requests and the replies, or the lack of themHigh
Independent written mould and moisture reportHigh
Trade reports identifying the moisture source (plumber, roofer)High
Receipts for losses such as damaged belongingsSupports compensation
GP letter where health is part of the claimSupports compensation
Your own account with nothing writtenLow

Present it in date order. An independent mould inspection and moisture assessment is often the most persuasive single document because it records facts neither side can easily dispute: moisture readings, the likely source and the extent of affected materials. A report that finds a roof leak or a failed membrane answers a “you didn’t ventilate” argument directly. Enquiries through this site go to an independent local contractor who inspects and reports in their own name.

For strata buildings, whether the moisture comes from common property changes who must fix it; see the strata mould guide.

Mould at the end of a lease

At move-out a tenant should leave the property reasonably clean, allowing for fair wear and tear, measured against the ingoing condition report. In practice:

  • Surface mould on tiles, grout, glass or sealed paint that wipes off is normally part of a vacate clean. Clean it and photograph the result.
  • Mould that comes back within days, or has gone into silicone, grout, painted plasterboard or wardrobe linings, is a moisture problem. Report it in writing to the agent before handover.
  • Mould from a structural defect you reported in writing is not yours to pay for. Paying to treat it yourself can also remove the evidence of the landlord’s defect, so photograph it thoroughly first.
  • A whole bathroom ceiling usually traces back to an unvented or undersized fan; bathroom and ceiling mould removal treats the cause with the stain.

On the last day, video every room, photograph any mould, cleaned areas and an inadequate fan, and keep copies of every maintenance request.

If the landlord claims your bond for mould

According to NSW Government guidance on bond disputes, when a landlord or agent claims part of the bond you get a 14-day notice period. To dispute it, log in to Rental Bonds Online before the “due for payment” date so the bond is not paid out, and apply to NCAT. You can still apply to NCAT within six months of the bond being paid out. Bring the ingoing condition report, your move-out photos and video, and your written repair requests.

When to get advice

Contact the Tenants’ Union or a lawyer if the landlord has counter-claimed, you are seeking substantial compensation or to end the tenancy, or the landlord is legally represented. Social housing tenants usually go through their provider’s complaints process first.

Frequently asked questions

Can I take my landlord to NCAT over mould?

Yes. After a written repair request and, usually, a Fair Trading complaint, you can apply to NCAT for a repair order, compensation or other orders. The strength of the case depends on evidence of cause and of when you reported it.

Can I stop paying rent if my rental has mould?

No. Withholding rent is a breach of the agreement and gives the landlord grounds against you. NCAT can order rent to be paid to the Tribunal, or reduced where the premises are unusable or uninhabitable.

My landlord says the mould is because I don’t ventilate. Who has to prove it?

Both sides present evidence and NCAT weighs it. An independent report identifying a structural moisture source, such as a roof leak or failed waterproofing, is strong counter-evidence to a ventilation argument.

Is mould covered by a vacate clean?

Surface mould that wipes off tiles, glass or sealed paint is normally part of a reasonable vacate clean. Mould from a reported structural defect, or growth that has gone into porous materials because of an ongoing moisture source, is a different matter and depends on cause.

Can a landlord evict me for complaining about mould?

A termination notice given in retaliation for asserting your rights can be challenged. NCAT can declare a retaliatory notice to have no effect, and strict application timeframes apply, so get advice quickly.

If you need an independent mould and moisture report for a dispute, describe the property and the problem on the quote form and an independent local contractor can quote the inspection.

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