NSW tenancy law is clear on mould responsibilities. Property owners must maintain premises that are fit for habitation, and mould caused by building faults is a repair issue. When mould is reported and handled professionally, it rarely becomes a dispute.
This article covers what the law requires from both parties, how mould complaints are best handled, and why professional treatment with a written report resolves the issue fastest for everyone.
What NSW Law Requires
The Residential Tenancies Act 2010 (NSW) sets out clear obligations for both property owners and tenants when it comes to maintaining a rental property.
- Section 52: Property must be fit for habitation at the start of and throughout the tenancy
- Section 63: Property owner must carry out repairs within a reasonable time
- Minimum standards (March 2025): Bathrooms must have exhaust fans ducted to outside air or an openable window. Kitchens must also have ventilation.
- Tenant obligations: Report issues promptly, ventilate the property reasonably, allow access for repairs
Mould caused by leaking pipes, roof defects, rising damp, poor drainage, or inadequate ventilation design is a property owner repair obligation. Mould caused by tenant behaviour (blocking vents, excessive indoor moisture, unreported leaks) may be the tenant’s responsibility.
How Mould Complaints Are Best Resolved
The fastest resolution is always the same: a professional mould inspection that identifies the cause, followed by treatment that addresses the root structure and the moisture source. This works for the tenant because the mould is gone. It works for the property owner because the repair obligation is documented and met.
- Tenant reports mould in writing with photos
- Property manager arranges a professional inspection
- Inspection identifies the moisture source and documents the extent
- Written report provides clear recommendations
- Property owner approves professional treatment
- Treatment addresses root structure and moisture source
- Report and records filed for compliance
For property managers: A professional inspection report resolves the “who is responsible” question immediately. It documents the cause, recommends the fix, and gives you a clear document for the owner and your files.
What Happens When Mould Is Not Addressed
When mould complaints are left unresolved, the situation can escalate through formal channels. The tenant can lodge a complaint with NSW Fair Trading, and in serious cases, apply to NCAT for orders requiring the property owner to carry out repairs.
NCAT has ordered compensation and professional remediation in cases where the mould was caused by building faults and the property owner did not respond to repair requests. The best way to avoid this outcome is to arrange a professional inspection as soon as mould is reported.
Why Surface Cleaning Creates Bigger Problems
Sending a cleaner with bleach is the most common response to a mould report, and it creates more problems than it solves. The visible stain disappears, but the mould root (hyphae) embedded in plaster, timber, or grout survives. Regrowth within two to six weeks triggers another complaint and another cost.
- Bleach removes surface colour but does not kill the root structure in porous materials
- Regrowth within weeks means another maintenance ticket and another expense
- Repeated failed cleans weaken the property owner’s position if the matter reaches NCAT
- Professional treatment done once is faster and cheaper than three rounds of surface cleaning
Professional Mould Treatment and Reporting
Mould and Hygiene Solutions uses an Australian-made, non-hazardous, non-corrosive and environmentally friendly antimicrobial solution that treats the root structure in the substrate. Every job includes a detailed inspection report, containment during treatment, and a 12-month guarantee.
- Professional inspection and written report for property managers and owners
- Moisture source identification
- Full substrate treatment (plaster, timber, grout)
- Containment during treatment
- Ventilation and maintenance recommendations
- 12-month unconditional mould-free guarantee
Mould and Hygiene Solutions provides professional mould inspections and treatment across Newcastle, the Central Coast, Lake Macquarie, Hunter Valley and Port Stephens. Visit mould inspections or mould removal to book.
