Victorian Landlords: Mould Is Your Problem to Solve
You are a property investor in Melbourne. Your tenant has reported mould in the bathroom and bedroom. Your first instinct might be to tell them to ventilate better or clean more often. But before you respond, you need to understand this: if that mould is caused by a structural issue, a maintenance failure, or inadequate ventilation, you are legally obligated to fix it — and the consequences of not acting can be severe.
Victorian tenancy law has shifted significantly in favour of tenant protections. Understanding your obligations is not just good practice — it protects you from VCAT orders, compensation claims, and potential insurance complications.
What the Law Requires of Victorian Landlords
Under the Residential Tenancies Act 1997 (as amended), landlords in Victoria must:
- Ensure the property is maintained in good repair throughout the tenancy (Section 68)
- Meet minimum rental standards, which include structural soundness, adequate ventilation, and functioning plumbing
- Respond to urgent repair requests within 24 hours and non-urgent requests within 14 days
- Not rent out a property that is unfit for habitation
The intersection of mould and rental property law in Victoria is clear: if mould results from a building defect or maintenance failure, the landlord must resolve both the mould and its underlying cause.
Common Situations Where the Landlord Is Liable
Structural Moisture Issues
Rising damp, penetrating damp, roof leaks, and failed waterproofing are building defects that cause mould. These are unambiguously the landlord’s responsibility to investigate and repair. Telling a tenant to “open windows” when the real cause is rising damp through a missing damp-proof course is not a lawful response.
Inadequate Ventilation
If a bathroom has no exhaust fan, a bedroom has no operable window, or a laundry has no ventilation path to the outside, the property does not meet minimum rental standards. Installing adequate ventilation is the landlord’s obligation, and mould resulting from the absence of ventilation is the landlord’s problem to solve.
Plumbing and Drainage
Leaking pipes, blocked drains, and inadequate stormwater management that lead to moisture accumulation and mould are maintenance issues the landlord must address promptly.
Pre-Existing Mould
Mould that was present before the current tenancy — or that was cosmetically covered rather than properly remediated between tenancies — is the landlord’s responsibility. Painting over mould without treatment is not remediation and will not stand up at VCAT.
What Happens If You Do Not Act
Ignoring a tenant’s mould report exposes you to:
- VCAT orders: The tenant can apply to VCAT for a compliance order requiring you to remediate the mould and fix the cause. VCAT can also order rent reduction for loss of amenity
- Compensation claims: If the tenant suffers health effects or property damage from mould, they may claim compensation
- Bond disputes: You cannot claim bond for mould damage caused by a structural defect or maintenance failure
- Insurance complications: Some landlord insurance policies exclude claims where the landlord was aware of a maintenance issue and failed to act
- Increased remediation costs: Mould problems that are addressed early cost a fraction of what they cost when left to spread for months
The Right Response to a Mould Report
When a tenant reports mould, the recommended response is:
- Acknowledge the report promptly in writing
- Arrange a professional mould inspection to identify the type, extent, and cause of the mould. Do not attempt to diagnose the cause yourself or through the property manager — an independent specialist assessment protects everyone
- Commission remediation based on the inspection findings, addressing both the mould and its root cause
- Keep records of all correspondence, inspection reports, quotes, and invoices. These demonstrate compliance if the matter goes to VCAT
Understanding the cost and value of professional mould inspection helps landlords see it as a worthwhile investment rather than an expense.
Can You Pass the Cost to the Tenant?
Generally, no. If the mould is caused by a structural defect or maintenance failure, the landlord bears the cost of remediation. The only exception is if the tenant’s behaviour directly caused the mould — for example, consistently blocking ventilation or failing to use provided exhaust fans despite written instructions. Even then, proving this at VCAT requires clear evidence.
Proactive Steps to Protect Your Investment
- Include ventilation guidelines in the tenancy agreement and provide instructions for exhaust fans and ventilation
- Conduct routine inspections that specifically check for early signs of moisture and mould
- Address minor maintenance issues promptly before they create moisture problems
- Ensure all wet areas have adequate, functioning exhaust ventilation vented to the outside
For more on the tenant’s perspective and how disputes typically unfold, see our guide on tenant rights regarding mould in Victorian rentals.
Take Action Today
As a landlord, your best protection is proactive management. If a tenant has reported mould, getting a professional assessment now is far cheaper than a VCAT order later. Use our mould risk assessment tool to understand the likely severity, then let us connect you with qualified, insured mould inspection and remediation specialists across Melbourne who can help you meet your obligations efficiently and affordably.