Robert James Realty

Mould can be a difficult issue, particularly in Queensland where periods of high humidity, heavy rainfall and limited sunlight can create conditions where mould develops more easily.

Under Queensland minimum housing standards, an owner must ensure the property is free from damp and mould. This does not apply where the damp or mould has been caused by the tenant. Responsibility for cleaning mould, repairs and any resulting damage will depend on what caused the mould.

If mould is reported, the first step should be to investigate the cause.

Where there may be excess moisture entering the property, we recommend checking for issues such as:

• roof or plumbing leaks
• leaking showers or wet areas
• blocked gutters or downpipes
• inadequate drainage
• water entering around windows or doors
• other structural issues allowing moisture into the property.

If a property defect or maintenance issue is causing the mould, the owner is generally responsible for rectifying the cause and addressing the resulting mould. In general tenancies, repairs required because the property no longer complies with minimum housing standards may be treated as emergency repairs.

If no property defect is identified, consideration should then be given to how the property is being used and ventilated.

The RTA specifically recognises that mould may be caused by a tenant allowing steam or moisture to build up, not using available extractor fans, failing to ventilate adequately or not keeping affected areas reasonably clean. In those circumstances, the tenant may be responsible for cleaning the mould and for any resulting damage.

Things to consider include:

• Are windows and doors being opened when practical to allow air circulation?
• Are bathroom exhaust fans and kitchen rangehoods being used when showering and cooking?
• Are exhaust fans, rangehoods and air-conditioning filters being kept reasonably clean?
• Is condensation or moisture being wiped from windows and wet areas?
• Is the property being adequately ventilated after showering, cooking or drying clothes indoors?
• Where available, is the air-conditioner’s dry/dehumidification function being used during periods of high humidity?

The Queensland Government mould guidance also recommends allowing air to circulate, keeping bathrooms and wet areas dry, allowing sunlight into the property and dealing with water leaks or spills promptly.

There is not always a simple answer. In some cases mould may result from a combination of the property, weather conditions and the way the property is being occupied. Where the cause cannot be determined, the RTA recommends considering an appropriately qualified professional to inspect and identify the source.

The important point is that responsibility should be determined by the cause of the mould rather than simply by who reports it or who is occupying the property.

That version is safer legally and, importantly, still makes the point you wanted: a tenant cannot automatically make the owner responsible for mould just because mould exists. Poor ventilation, failure to use extractor fans and inadequate cleaning can make it a tenant responsibility.