As a property manager what's my responsibility concerning mould in rental properties?

Mould is more than just an unsightly problem — it is linked to serious health risks, including respiratory illnesses and a range of other health issues. Property managers and landlords have clear responsibilities when it comes to managing mould in rental properties to ensure tenant health and safety, as well as compliance with NSW legislation.

At High Demand Restoration we are seeing mould becoming an increasingly important topic in the community, with more discussions on social media about the impacts of mould on peoples health. Due to this increased awareness and supporting legislation we believe it's important for property managers and landlords to be aware of their responsibility to tenants.

As per Residential Tenancies Act 2010 No 42 > Division 3 Occupation and use of residential premises > 52   Landlord’s general obligations for residential premises

“(1) A landlord must provide the residential premises in a reasonable state of cleanliness and fit for habitation by the tenant.
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For the purposes of subsection (1A)(a), residential premises are structurally sound only if…
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(b)  with respect to the floors, ceilings, walls and supporting structures—are not subject to significant dampness, and
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(c)  with respect to the roof, ceilings and windows—do not allow water penetration into the premises”
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Under the Residential Tenancies Act, rental properties must be safe, clean, and habitable. They should be structurally sound, free from damp, and equipped with proper ventilation, lighting, and sanitation. Failure to meet these standards can lead to legal disputes, fines, compensation claims, and property damage.

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Increasing Litigation

Failing to address mould issues can result in tribunal hearings, legal action, tenant compensation orders, significant fines, costly repairs if the property becomes uninhabitable, and serious damage to your professional reputation.

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Mould in the courts

After just a few minutes of research we found hundreds of court cases brought to the courts, that had mould as the concern, or a contributing factor in the dispute

• Miller v St George Community Housing [2023] NSWCATCD 28 - Landlord to pay $6,500
• Capponi v Bridge Housing Limited [2021] NSWCATCD 17 - Respondent to pay $6,635.73
• Sheriff v Compass Housing Services Co Ltd [2023] NSWCATCD 47 - Pay $4,110.12
• Fathisharghbin v Radford [2023] NSWCATCD 123 - Land lord to Pay 9,513.28
• Szalay v Ellis [2024] NSWCATCD 63 - Landlord to Pay $3089
• El-Mohamad v Lin [2024] NSWCATAP 139 - $8,982.25

Mould Cases in the media

• ‍NSW Central Coast - Landlord Ordered to Pay Tenants Affected by Unaddressed Mould $6,500 ‍
• NSW Property - Landlord Ordered to Pay Tenants $10,000+‍
• Tenants In The Media Voicing Concerns About Mould

‍Need Help Managing Mould in Your Rental Property?

At High Demand Restoration, we understand the complexities of mould management in tenanted properties. Our team offers thorough inspections, effective remediation, and expert advice to protect your investment and ensure tenant wellbeing.