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Mould in Rental Property NSW: Who’s Responsible?

May 26, 2023
mould in rental property nsw

Key takeaways:

    • Mould issue is very familiar in Australian cities

    • Make sure to check that the rental property is in a reasonable state before signing your residential tenancy agreement.

  • If the problem persists, make sure to follow the guidelines we have outlined.

Are you struggling with mould in rental property NSW? Like a blocked sewer drain, mould can strike any time of year, no matter the season, and suddenly those dull aesthetics in your house could lead to serious health problems. When you least expect it, mould can appear, turning your home into a hazard zone in the blink of an eye. Talk about one nasty surprise!

But what brings about that pesky mould? Whether you rent or own, what kind of safeguards should you have in place? We’ll explain how you can deal with this issue in this comprehensive article and advise you on renters rights.

What’s the deal with mould?

It’s plain and simple: moisture is the cause of mould growth. Moisture can slip into your home from several sources like a dripping roof, broken pipes, worn rooftop panes, opened windows during a rainstorm, or even flooding. 

Additionally, you may be contributing to the dilemma by over-chilling in the summer or under-heating in the winter; not to mention air-drying your laundry indoors! Contact the local public health unit if you fear any health risks or any mould damage!

mould in rental property nsw

If you don’t figure out the root of your mould problem and fix it, it’s gonna keep cropping up again and again, no matter how hard you scrubbed. And this is one of the things that damage a landlord-tenant relationship.

Landlord’s obligations

Just like the tenant, there are some responsibilities landlords have. Landlords down under have to guarantee their rental properties – they have to make sure they’re spotless and safe so tenants can feel secure. No exceptions!

So, a landlord should take care of mould caused by a roof leak, broken pipe, or structural issues as soon as possible.

Responsibilities of tenants

No doubt, mould issues aren’t always caused by structural problems – but they’re usually the root of the problem.

Tenants could be footing some or all the bill if they don’t keep up with basic property maintenance, like adequate ventilation and regular cleanings; letting mould developing pile up in their pad; getting the rug wet. Ya gotta stay on top of those kinds of things. Who wants to end up paying for something that wasn’t their fault?

Tenants, it’s up to you to let your landlord or leasing agent know about any maintenance issues, such as a broken window seal or a leaking pipe. But if you are dealing with a bad landlord in Australia, you may need to take legal steps to ensure you get the services you deserve.

Tenants: how to prevent potential issues

Worried about potential tenant problems? Here’s how to nip them in the bud! 

Landlords, if you’re about to let out your property, it’s important to be prepared for possible tenant issues. To help ensure a smooth and successful tenancy agreement, here are some handy tips: 

Before you lease a property

First up, create a comprehensive home inventory! That way, you can clearly document what was in the tenancy at the start – so nothing gets lost or damaged during their stay without any hard feelings. 

Oh, and don’t forget grounds maintenance either – make sure you keep it up throughout the lease period. Plus, proper upkeep will give tenants clear expectations and reduce potential disputes. 

Before committing to a lease, check for mould and get it in writing from your landlord or real estate agent that it’ll be taken care of – no ifs, ands, or buts! Trust me, you don’t want the invisible menace of mould looming over your stay. 

And making sure there’s no mould upfront is essential; otherwise, it could really put a damper on things later down the line.

mould in rental property nsw

While you’re leasing a property

Also worth considering are rental fees – be transparent and fair when setting them. A good rule of thumb often is to research average rents in your area before setting yours; that way your expectations won’t be too high (or low). 

Before signing off on those agreements though, review each clause carefully with tenants and explain how everything works if there’s any confusion – better safe than sorry! 

Throughout your lease, you’ll want to be sure to follow all the terms and conditions. No matter how long that might be, it pays to stay on top of things! After all, you don’t want to risk having anything come back and bite you later – failing to keep up with these responsibilities could land you in hot water. 

That’s why we recommend double-checking everything, from your rent payments and insurance documents right up until the day the lease expires. Don’t let a small detail ruin your hard work – staying on track is key! 

So don’t hesitate; review the terms of your lease thoroughly now and make sure that when it’s over you have no loose ends left untied!

If you ain’t happy – what to do?

mould in rental property nsw

But what if your landlord won’t make any repairs, or if you’re not happy with the job they’re doing? Then there are certain steps you can take. You know what they say – don’t just sit around waiting for change: do something about it

You can start by making sure you voice your concerns and bring the issues up with them directly. If this doesn’t work, it’s time to take the next step and get some help. You can reach out to a housing association or contact the administrative tribunal. Speak to an experienced lawyer who specialises in landlord-tenant issues – their expertise can be invaluable! 

Have you considered asking for an early lease termination? Cause if not, then you may have to take it to the next level. The NSW Civil tribunal in your state or territory. Ugh…tribunals ain’t fun, but it could be your only way out.

FAQs

Can I sue my landlord for mould Australia?

If a renter created the underlying problem that generated mould or didn’t notify their landlord of a concern, they may have to pay for the harm.

Who’s liable for sewer blockages? 

You may be wondering who is responsible for a blocked sewer drain. The answer is that it depends. As a tenant, you may need to address the sewer obstruction depending on its location. Property owners are responsible for plumbing wastewater clogs. 

What are NSW landlord duties?

Considering the property’s age, rent, and expected lifespan, landlords must repair and maintain the property according to the Australian Mould Guideline. The property need not be flawless.

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