Yahoo Finance Rental crisis: What are your rights if you live in a home with black mould
If you rent and have mould in your home you do have rights, here's what we know.
Heading into the winter months can not only mean skyrocketing energy bills but for some it also means doing battle with black mould.
Mould not only can damage the interior of homes, furniture and belonging it can also cause serious respiratory problems in those who have prolonged exposure to it. From wet weather, lack of ventilation and heaters
For renters who are living with few rights in a market that favours landlords, resolving issues with black mould could trigger unintended consequences. A new study has found a large majority of Australian rental properties are putting people's health and wellbeing at risk due to poor regulation of housing standards.
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With the current rental crisis where availability is low and rent rises are high, it can be tough for many tenants to know what to do if their home has black mould.
Lawyer and property expert Monica Rouvellas says issues with mould are very common in rental property and say that tenants should be well armed with knowledge about their rights and be open to negotiation before they take the issue to their landlord.
“Black mould is a serious health issue but going to war with landlords over it means potentially risking eviction. Tenants are in a difficult position but they are not without legal protections. Ideally, they should be able to work with landlords to reach a satisfactory outcome.” she says.
Yahoo Finance asked her for advice on what renters can do if they have mould in their property and how to get it resolved.
If a renter finds black mould in their property, what’s the first thing they should do?
Tenants should always notify the landlord if there is black mould appearing in the house.
The first thing I’d recommend is taking detailed photos to keep a record.
Although landlords are also required to “maintain” residential premises in a reasonable state of repair and are obliged to carry out any necessary repairs within a reasonable time after being notified, they may be reluctant to do so for various reasons.
Landlords do have the responsibility to ensure that they keep the property in a reasonable state of repair and that the property is fit for habitation.
Who’s responsible for mould in the home?
If mould developed from a build-up of moisture due to the landlord’s failure to carry out a repair causing the mould or repairing a deft that is the cause of the mould however if the mould has developed during the tenancy because the tenants allow a build-up of moisture for example by never ventilating the house by opening windows and using bathroom fans, then it is the responsibility of the tenant.
What should prospective tenants do when looking at a property - is there an easy way to tell if the property is suffering from a serious mould problem?
There are sometimes obvious signs that a property could have mould problems.
Potential tenants should thoroughly check under kitchen and bathroom sinks, showers, and other wet areas, as well as walls adjoining wet areas.
They should take photos and note this on the condition report before moving in and also request that the landlord clean the mould.
How wide is the issue? With mould itself and also with tenants not getting suitable remedies for the issue.
Mould is often a common issue that is dealt with in the Residential Tenancies Tribunal (NCAT). These disputes are often due to either landlords not taking ownership that the mould is a result of an unattended repair or tenants who haven’t ventilated the house and the landlord is seeking compensation for their negligence.
In your experience have you seen tenants discriminated against for requesting treatment for black mould?
In my experience, I haven’t seen tenants discriminated for requesting treatment of black mould if it has come from the landlord’s failure to carry out repairs.
Where to go for more information:
The Tennants Union of NSW has fact sheets, and further information on your rights and how to take the next steps if you cannot resolve the issue with the landlord or property manager.
Better Health Victoria has information on the health risks of living in a home with black mould and tips on how to treat it.
Tenants Union by state:
How to stop mould in your home
While some mould can be caused by leaking pipes or other structural issues it can also be caused by poor ventilation - especially in the winter months.
Here are some basic tips to help keep your home mould free:
Moisture causes mould so dry off any condensation on the windows or walls when you see it.
Open windows and use the exhaust fans in the kitchen and bathroom when you are showering, using a clothes dryer or anything else that creates moisture inside.
Keep windows open whenever you can and keep the shutters, blinds and curtains open to let fresh air and the sunshine in.
If you find mould, clean it up immediately. The longer it’s left the more it will take hold and spread.
During the cold seasons, it is better to have an even temperature in the home rather than one warm room and another cold. winter.
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