Renters’ rights in mouldy homes: can you get a rent reduction, or compensation for damages?

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Renters’ rights in mouldy homes: can you get a rent reduction, or compensation for damages?
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Theoretically, tenants in all three of Australia’s La Niña-hit east coast states could be eligible for discounts and damage payments, but seeking them is complex

If you notice mould damage in your rental, informing your real estate agent or landlord should be your first step to protect your rights before your property is damaged.If you notice mould damage in your rental, informing your real estate agent or landlord should be your first step to protect your rights before your property is damaged.Last modified on Sun 31 Jul 2022 18.31 BSThen torrential rain hit Sydney in March, Sam* soon noticed a leak in his family home.

“In hindsight, I think we should have been a lot more aggressive in threatening to go to Ncat [the NSW Civil and Administrative Tribunal] and developing some sort of case. But when you’re working full-time, trying to develop a case for Ncat is a lot of work.” “Keep evidence and document things. So get photos, keep dates, tell the owner or agent what’s going on,” says Carr. Calling your real estate agent is fine, “but always follow up with something in writing”.

“Mould is a really difficult issue because it comes down to causation,” says Carr. “And sometimes it’s hard to understand or to know for sure what’s caused the mould.” If you’re after compensation in either NSW or Queensland, you must also show that you took reasonable steps to limit the amount of loss that you suffered – for instance, you didn’t leave a laptop in a place with a known leak.

“Unless the rental provider can say that the renter is using [the property] in some extraordinary way that would amount to a breach of the renter’s duty not to cause damage, I think that the compensation position would be there,” says Ben Cording, a lawyer with Tenants Victoria.

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