Mould in Rental Property Tasmania
Dealing with mould in a Tasmanian rental can be stressful. Understanding your rights as a tenant — and your landlord's obligations — is the first step to getting the problem resolved. We connect you with qualified mould inspection specialists who can provide independent assessments.
Your Rights Under the Residential Tenancy Act 1997 (TAS)
The Residential Tenancy Act 1997 is the primary legislation governing rental properties in Tasmania. Key provisions relevant to mould include:
- Section 36 — Landlord obligations: The landlord must ensure the premises are maintained in a "reasonable state of repair" having regard to the age, character, and prospective life of the premises.
- Section 37 — Urgent repairs: If mould results from an urgent repair issue (e.g., burst pipe, major roof leak), the landlord must arrange repairs within 24 hours of notification.
- Section 38 — Non-urgent repairs: For non-urgent maintenance issues contributing to mould, the landlord must act within a reasonable timeframe after written notification.
- Fitness for habitation: A property with significant mould may be considered unfit for habitation, giving tenants grounds for lease termination or rent reduction.
Landlord Obligations
Maintain the Property
Fix structural defects, plumbing leaks, roof damage, and any building faults that contribute to moisture and mould growth.
Ensure Adequate Ventilation
Provide working exhaust fans in bathrooms and kitchens. Address any design or structural ventilation deficiencies.
Respond to Reports Promptly
Act on written mould reports within a reasonable timeframe. Urgent issues (health risk) require faster response.
Arrange Professional Remediation
For significant mould issues caused by property defects, the landlord should engage qualified mould removal specialists, not expect tenants to handle it.
How to Report Mould to Your Landlord
Document Everything
Take clear photographs of all mould-affected areas. Note the date you first noticed the mould and any potential causes (e.g., a dripping tap, condensation).
Submit Written Notice
Send a written notice (email is acceptable) to your landlord or property manager describing the mould, its location, extent, and any suspected causes. Keep a copy for your records.
Allow Reasonable Time
Give your landlord a reasonable timeframe to respond and arrange inspection or remediation. For non-urgent issues, 14 days is generally considered reasonable.
Follow Up in Writing
If no action is taken, send a follow-up notice referencing your original report and requesting a response within a specific timeframe.
Escalate if Necessary
If the landlord still fails to act, lodge a complaint with CBOS or apply to the Residential Tenancy Commissioner.
When Tenant Pays vs Landlord
Landlord Pays When:
- ✓Mould is caused by structural defects or building faults
- ✓Plumbing leaks or roof damage cause moisture
- ✓Ventilation systems are inadequate or broken
- ✓Rising damp or subfloor moisture issues exist
- ✓The property was already mouldy at the start of the tenancy
- ✓Guttering or drainage problems cause water ingress
Tenant May Pay When:
- ✗Mould is caused by not using provided exhaust fans
- ✗Tenant blocks or covers ventilation openings
- ✗Clothes are dried indoors without adequate ventilation
- ✗Tenant fails to report water damage promptly
- ✗Excessive moisture from tenant activities without mitigation
- ✗Tenant causes damage leading to water ingress
Bond Deductions for Mould
A landlord can only deduct from your bond for mould if:
- The mould was caused by the tenant (not by property defects)
- The mould is beyond "normal wear and tear"
- The landlord can demonstrate the property was mould-free at the start of the tenancy (via the condition report)
- The deduction amount is reasonable and documented
Tip: Always complete a thorough condition report at the start of your tenancy, photographing every room including ceilings, window frames, and behind furniture. This is your best protection against unfair bond claims.
CBOS Complaints Process
If your landlord fails to address mould, you can seek help from Consumer, Building and Occupational Services (CBOS):
- Contact CBOS: Phone 1300 654 499 or visit the CBOS website to lodge a complaint or seek advice.
- Apply to the Residential Tenancy Commissioner: You can apply for a hearing to resolve the dispute. The Commissioner can order the landlord to carry out repairs.
- Seek a rent reduction: If mould significantly affects your use of the property, the Commissioner can order a rent reduction for the affected period.
- Seek compensation: In some cases, you may be entitled to compensation for damaged belongings or out-of-pocket expenses caused by the mould.
You can also contact the Tenants' Union of Tasmania (phone: 03 6223 2641) for free legal advice and support throughout the process.
What to Do If Your Landlord Ignores the Problem
- 1. Keep detailed records: Document all communications, photographs, and dates. This evidence is critical if you need to escalate.
- 2. Send a formal breach notice: Under the Act, you can issue a "notice to remedy" giving the landlord 14 days to fix the issue.
- 3. Get an independent mould inspection: A professional inspection report carries significant weight in disputes. We connect you with qualified inspectors across Hobart.
- 4. Contact CBOS or the Tenants' Union: Get free advice on your specific situation before taking further action.
- 5. Apply to the Residential Tenancy Commissioner: As a last resort, the Commissioner can order repairs, rent reductions, or compensation.
Prevention Responsibilities
Landlord Should:
- • Install and maintain working exhaust fans
- • Ensure adequate insulation
- • Maintain guttering and drainage
- • Fix structural moisture issues
- • Address subfloor ventilation
- • Repair any building defects promptly
Tenant Should:
- • Use exhaust fans when cooking and showering
- • Open windows regularly for ventilation
- • Avoid drying clothes indoors without ventilation
- • Wipe condensation from windows
- • Report leaks and moisture issues promptly
- • Keep the property reasonably clean
Frequently Asked Questions
In most cases, yes. Under the Residential Tenancy Act 1997 (TAS), landlords must maintain the property in a reasonable state of repair. If mould is caused by structural issues, plumbing leaks, inadequate ventilation design, or other property defects, the landlord is responsible for remediation.
Tenants may be responsible if mould results from their own actions or inactions, such as not using provided exhaust fans, blocking vents, drying clothes indoors without ventilation, failing to report leaks promptly, or not maintaining reasonable cleanliness.
A landlord can only claim bond for mould if the mould was caused by the tenant and is beyond normal wear and tear. The landlord must provide evidence (such as a clean condition report at the start of the tenancy) and the tenant has the right to dispute through the Residential Tenancy Commissioner.
Always report in writing (email or formal letter) to your landlord or property manager. Include photos, a description of the mould location and extent, when you first noticed it, and any suspected causes (e.g., a leaking tap). Keep copies of all correspondence.
If your landlord fails to act within a reasonable timeframe (typically 14 days for non-urgent, or sooner if the mould poses a health risk), you can lodge a complaint with Consumer, Building and Occupational Services (CBOS) or apply to the Residential Tenancy Commissioner for a hearing.
No. Under Tasmanian law, tenants cannot withhold rent for any reason, including unresolved maintenance issues. However, you can apply to the Residential Tenancy Commissioner for a rent reduction order if the mould significantly affects your use and enjoyment of the property.
If mould renders the property uninhabitable or poses a serious health risk and the landlord fails to remediate within a reasonable time, you may have grounds to terminate the lease. Seek legal advice from the Tenants Union of Tasmania before taking this step.
It is highly recommended. Inspect the property thoroughly and document any existing mould in the condition report. This protects you from being held responsible for pre-existing mould issues at the end of your tenancy.
Related Resources
Need an Independent Mould Assessment?
A professional mould inspection report strengthens your position in any tenancy dispute. We connect you with qualified, independent mould inspectors across Hobart and Tasmania.
Get a Free Inspection Quote