Exposure to mould can cause throat, eye and nose irritations, respiratory complaints or allergic reactions in
some people.
The most vulnerable people to mould related illnesses are infants, young children, the
elderly, immuno-depressed individuals and those suffering from asthma.
Mould can be a very bad thing. It can be a sign that other bad things are happening to a property, such as
serious leaks, damp, or ventilation problems.
A landlord or tenant can be found to be liable if they do
something, or don’t do something that they should have done, that encourages mould to spread.
Landlords must maintain premises in a healthy condition.
If mould is a result of a landlord’s failure to
properly maintain premises, the landlord can be in breach of the Residential Tenancy Agreement.
The
landlord is obliged to repair the problem, and could also be liable to pay compensation to the tenant for
loss of use of the property and damage to the tenant’s goods.
By the same token, if a tenant can be shown to be responsible for mould, such as by not allowing
reasonable ventilation in the premises, they may have to pay compensation to the landlord.
A tenant who wants to get their landlord to fix a mould problem or is claiming compensation for damage
caused to their goods by mould will need good evidence.
If a landlord is claiming that the tenant caused
the mould, the tenant should obtain good evidence to show that the mould is not their fault.
With the onset of cooler, wet weather more tenants are finding mould in their homes.
Many are concerned
about the health issues of living in mouldy premises and are unsure what their rights and responsibilities
are.
Mould is the name given to any type of fungi that grows on food or damp building materials (such as walls).
It
comes in a variety of colours; green, white and black are most prevalent.
Mould can have a musty smell,
which is often likened to a ‘wet dog’ odour.
It spreads through spores, which are released into the air.
With
persistent exposure, these spores can cause sometimes serious health problems.
Mould needs moisture and a certain level of heat to survive.
Mould can exist at temperatures between 10C
and 40C.
Humidity and condensation from driers, heaters, cooking or showering, combined with poor
ventilation, creates the ideal environment for mould.
Using heaters to deal with cold, wet weather can
create an ideal situation for mould to grow.
The problem with mould is that once you’ve got it, it gets
everywhere.
Mould can destroy your clothes and other household items, like mattresses and furniture.
Once
mould gets inside these larger items it is almost impossible to remove.
A landlord has a responsibility to provide a premise that is fit for habitation.
The existence of persistent and
severe mould could indicate inadequate ventilation or a structural problem with the premise, such as a
hidden leak or rising damp.
A landlord that does nothing to solve a mould problem, once they have been
notified by the tenant that there is an issue is in breach of the Residential Tenancy Agreement and the
tenant can apply to the relevant body, for a variety of orders, including an order
that the landlord resolve the mould issues, an order that a tenant can leave, an order for rent reduction and an
order for compensation for damaged or destroyed goods.
Source: http://www.tenantsrights.org.au/Publications_Archive/MOULD%20-%20Everything%20you%20didnt%20want%20to%20know.pdf
Use RealRenta to automatically manage all your tenancies.
RealRenta dates and time stamps every interaction and transaction between you and your tenants.
Use RealRenta for Free now: https://app.realrenta.com/Signup.aspx
Jason Gwerder
Monday, 27 May 2019
