You Should Not Have to Live With Mould in Your Rental
You reported the mould to your landlord three weeks ago. They told you to “open a window” or “use less hot water in the shower.” The mould is still there — on your bedroom wall, around the bathroom ceiling, spreading across the window frames. Your child has developed a persistent cough. You are frustrated, worried, and unsure of your rights.
If you are renting in Victoria and dealing with mould, the law is on your side — but only if you know how to use it. This guide explains your rights as a tenant, what your landlord is obligated to do, and the steps to take if they refuse to act.
Your Legal Rights Under the Residential Tenancies Act 1997
In Victoria, landlords have a legal obligation to maintain rental properties in good repair and in a condition that is reasonably suitable for occupation. Under the Residential Tenancies Act 1997 (as amended by the 2018 reforms), this includes:
- Maintaining the property in good repair (Section 68)
- Ensuring the property meets minimum rental standards, including adequate ventilation and structural soundness
- Addressing urgent repairs within prescribed timeframes
Mould caused by structural issues — rising damp, roof leaks, inadequate ventilation, plumbing leaks, or failed waterproofing — is the landlord’s responsibility to resolve. You should not be expected to live with it, and you should not be blamed for it if the cause is a building defect.
When Is Mould the Landlord’s Responsibility?
The landlord is responsible when mould results from:
- Structural defects: Leaking roof, rising damp, cracked walls, failed waterproofing
- Plumbing issues: Leaking pipes, blocked drains, or inadequate hot water systems that cause condensation
- Inadequate ventilation: Bathrooms or laundries without working exhaust fans, sealed rooms with no operable windows
- Pre-existing conditions: Mould that was present before your tenancy began or was not properly remediated between tenancies
When Might Mould Be Attributed to the Tenant?
Tenants may be considered responsible if mould results from:
- Drying clothes indoors on racks without ventilation
- Blocking ventilation openings
- Never opening windows or using exhaust fans
- Failing to report a leak or water damage promptly
However, even in these cases, the landlord must provide a property with adequate ventilation for normal use. A bathroom without a working exhaust fan, or a bedroom with no operable window, shifts responsibility back to the landlord regardless of tenant behaviour.
Steps to Take When You Discover Mould
1. Document Everything
Take dated photos and videos of all mould. Note which rooms are affected, when it appeared, and any health symptoms you or your household members are experiencing. This evidence is critical if the matter escalates. An independent mould inspection report adds significant weight to your case.
2. Report in Writing
Notify your landlord or property manager in writing — email is best as it creates a dated record. Describe the mould, its location, and request that it be investigated and resolved. Keep copies of all correspondence.
3. Follow Up With a Repair Request
If the landlord does not respond within 14 days (non-urgent repairs) or 24 hours (urgent repairs — mould affecting health may qualify), submit a formal repair request. Consumer Affairs Victoria provides templates for this.
4. Contact Consumer Affairs Victoria
If the landlord fails to act on your repair request, contact the Consumer Affairs Victoria helpline (1300 558 181). They can provide advice and attempt to resolve the dispute through conciliation.
5. Apply to VCAT
If conciliation fails, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for an order compelling the landlord to carry out repairs. VCAT can also award compensation for loss of amenity if you have been living with mould for an extended period.
If you are dealing with mould-related health symptoms, document these and get a medical report — it strengthens your case significantly.
Can You Withhold Rent?
No. Under Victorian law, tenants cannot withhold rent as a way to pressure the landlord into making repairs. Withholding rent puts you at risk of receiving a breach of duty notice and potentially losing your tenancy. Follow the formal dispute resolution process instead.
What About Bond Disputes?
If your landlord tries to claim bond at the end of your tenancy for mould damage that was caused by a structural defect, you have strong grounds to dispute the claim through the Residential Tenancies Bond Authority. Your documentation of the issue — reports, correspondence, photos, and any inspection reports — will be essential. Read about landlord obligations in Victoria for more detail on what the law requires of property owners.
Take Action Today
You deserve a healthy home, whether you rent or own. If mould is affecting your rental property and your landlord is not responding, start building your case now with proper documentation and formal communication. Use our free mould risk assessment tool to understand the severity of your situation and get connected with qualified mould inspection specialists who can provide the independent assessment you may need to support your case.