Mould in Rental Unit: Is It Tenant or Landlord Responsibility?

akaanup on 15/07/2019 - 11:46
Last edited 15/07/2019 - 12:40 by 1 other user

Hi all, I rent a unit since 1.5 yrs back and few months back there was a water leakage incident in the unit above ours which caused some parts of our unit to get flooded as well. We then called our real estate agent and they helped to dry out our unit and after few days there was some mould in the walls. We then again contacted our agent and they then sent some persons to remove those mould and repaint the room affected mostly (bathroom and one of the bedrooms).

But now the mould is back and are all over the same bedroom last affected and I think they are even worse as I keep having sore throats, runny eyes and nose (allergic reactions). When we recently emailed our agent regarding the mould they sent us process how to clear the mould and sounded like I have to manage cleaning equipment and clean the mould by myself.

So I did some online research and still unclear if its my responsibility as a tenant or still a landlords/agent responsibility to restore the property to a livable state.

Some photos

TLDR; had a water leakage on the unit above which we rent, previously agent did solve the mould problem by repainting but the mould has returned and are in worse condition and I have allergic reaction, mailed the agent and they send me instructions on how to clean the mould and sounded like I should clean/ remove those mould at my expense.

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  Hybroid on 15/07/2019 - 11:47

  +19

  Landlord unless it was somehow caused by your own negligence. This is a potential safety hazard and needs to be reported straight away. Also: time to move somewhere new if you're suffering allergic reactions, not worth it.

  • 

    spackbace on 15/07/2019 - 11:51

    +7

    This, 100% this

    • 

      magic8ballgag on 16/07/2019 - 09:04

      That, 100% that.

  • 

    Ian2578 on 16/07/2019 - 13:15

    Agree. However, the agent should be ensuring that the cause of the mould, ie.the original flooding from unit above, is fully rectified. The Body Corporate is responsible for the repairs if this is not done yet. The Body Corporate insurance may possibly pay the cost.
    Also, it is important to ventilate any property on a regular basis to remove moisture. I know this is more difficult during winter months but it is still important for your health and that of your family.

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  jimbobaus on 15/07/2019 - 11:53

  +7

  As a landlord can 100% confirm above comment, it is the landlords responsibility and would be classified as an emergency repair meaning they have to deal with it immediately , none of this let me get 3 tradies to come and quote and spend a month deciding crap.
  My advice is get the "request for maintenance" form from your governing body (Consumer Affairs etc) and send it official in writing (by email is fine) and then call them to confirm they have gotten the request.

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  geek001 on 15/07/2019 - 11:55

  +2

  Hmm.. looks to me like there is still a leak somewhere. We had some mold in one of our rooms next to the bathroom. Turned out there was a slow leak from one of the taps. We fixed the leak and cleaned up the mold, the mold never came back.

  Cleaning the mold up will just be a band-aid solution. If the landlord/agent doesn't want to look at the leak, then maybe you should consider moving out because the mold is unlikely to go away by itself.

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  [Deactivated] on 15/07/2019 - 12:31

  +4

  Had something similar happen to my mate's rental property. He had a leak in the roof, where rain water would seep through. He got his landlord to deal with it, which he did. There was a strong smell of bleach when he moved back in a week later.

  His pregnant wife fell sick soon afterwards and even had to be admitted to hospital. The mold appeared again and he didn't want to risk his wife's and his unborn child's health and broke his lease. On the day he was moving out, the landlord came over with some bleach and cleaning cloth. FYI, bleach will not kill the mold on porous surfaces. The mold fungi contain melanin, and the bleach just takes the colour out, but the fungi are still there, you are just masking it and giving the illusion of a mould-free surface.

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  apoy98 on 15/07/2019 - 12:39

  +2

  Landlord. Definitely landlord. As a tenant, you can just ignore this and repaint and repaint… but it won't solve the underlying problem. Heck, even a lightbulb has to be replaced by landlords.

  • 

    jimbobaus on 15/07/2019 - 12:48

    +1

    Not anymore. Lightbulbs are the responsibility of the tenant now. (In almost every state) they even list the bulbs on the condition report to ensure you replace blown ones etc when you vacate.

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      Typical16-bitEnjoyer on 15/07/2019 - 15:28

      Citation please.

      • 

        [Deactivated] on 15/07/2019 - 16:13

        +2

        As a landlord in VIC, my understanding is that the property should be handed over to the Tenant with all light bulbs working. During the course of the tenancy, if a light bulb needs changing, it is generally the tenant’s responsibility to have this changed.

        One major exception is if the bulb is an expensive or specialist fitting, in which case the landlord would be responsible for its replacement.

        Now to find a citation …

        Edit: Can't find one. The Residential Tenancy Act does not specifically refer to the supply of light bulbs or the maintenance of light bulbs. However the industry standards, as confirmed from my google searches and a quick chat to my RE, hold that the Lessor is responsible for maintaining specialised bulbs such as fluorescent tubing and expensive globes, whilst the tenant is responsible for arranging the replacement of everyday inexpensive globes.

        • 

          Typical16-bitEnjoyer on 15/07/2019 - 23:40

          +1

          @[Deactivated]:

          Can't find one

          Exactly. jimbobaus won't find one either. Their "responsibility of the tenant now" claim is inherently false and completely made up.

          The responsibility purely comes down to the conditions agreed in the Lease.

          The reason "tricky" or "specialist" bulbs are generally replaced by the landlord is if the tenant reports it, and the landlord tells them to take a hike and do it themselves, expect a claim under their liability insurance for breach of duty of care if the tenant subsequently falls off a ladder…

          my understanding is that the property should be handed over to the Tenant with all light bulbs working. During the course of the tenancy, if a light bulb needs changing, it is generally the tenant’s responsibility to have this changed.

          Again, depends on what's in the Lease. You'd never take a tenant to VCAT over some blown lightglobes when they could throw fair wear and tear back at you.

  • 

    tranter on 15/07/2019 - 15:05

    Wow, really, light bulbs? Can you confirm this?

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    HeWhoKnows on 16/07/2019 - 18:47

    Nope. Landlord must provide working light bulbs at beginning of tenancy.
    Tenant is responsible for replacing expired light bulbs during and at the end of the tenancy.
    Has always been that way
    Next you will be saying the landlord is responsible for paying the electricity bill as well.

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  Typical16-bitEnjoyer on 15/07/2019 - 14:26

  +2

  100% Landlord.

  If the mould is coming back then the base cause still exists. Likely a leak.

  Mould is not a laughing matter. It's not trivial and has serious potential health implications. Find the property manager's request form and submit it. Keep everything in writing or email from here on.

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  elgrande on 15/07/2019 - 16:27

  Landlord.. although agent will always tell you that its your fault for not opening the windows.

  I

  • 

    HeWhoKnows on 16/07/2019 - 18:38

    +1

    And that is absolutely correct!

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  whooah1979 on 16/07/2019 - 05:49

  P2 mask, latex free gloves and sugar soap.

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  terrys on 16/07/2019 - 08:52

  There is a woman [Shannon Lusch] who gives cleaning advise on the local Adelaide ABC and other stations and she is good. One thing she pointed out a week or so again was that bleach doesn't kill mold, merely disguises it. Her recommendation is to use clove oil.
  The jury is out - tho the main criticism appears to be that " it kills the spores, but the spores are around anyway", and " it doesn't fix the underlying problem". The counter arguments are that it isn't the spores your trying to kill, it's the mycellum ["plant", tho it isn't a plant] and it is as effective or more so than the wrong alternative which is to use bleach, which does nothing but hide the infestation and brings it's own health hazards.

  YMMV. It's the landlord's problem tho, and if you are having health effects, an urgent one:-/

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  [Deactivated] on 16/07/2019 - 10:38

  Landlord, they should be claiming it through their building insurance - or via body corporates insurance (depending on how that is organised.

  Who did they send out to ‘fix’ the mould? Unless it was an accredited restoration company who would have tested, dried and retested the area then it was not carried out correctly. Surface mould is the tip of the iceberg, what you can see is the least of your worries. I have immediate family who are certified as technicans in the industry.

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  HeWhoKnows on 16/07/2019 - 18:36

  The process outlined and undertaken by the agent is correct.
  Tenants are often to blame for mould problems.
  The agent/owner will have a history of the apartment and know by whom and why mould is caused.

  I have lived in 4 of the aprtments in my block and never had mould issues because I always kept the apartment well ventilated, especially after a hot shower and during cooking.
  But others renting these same aprtments have mould problems.
  Why?
  Because they dont ventilate the apartment property.
  They dont open the windows and use the exhaust fan after a bath or shower.
  They use gas heaters in winter but fail to properly ventilate the apartment during the day.
  They use clothes dryers in the apartment which adds significant moisture to the air inside.
  They dont ventilate the kitchen when cooking - especially boiling foods.
  Doesnt matter if its fround floor, fisrt floor or second floor.
  If anyone does any of these they will promote mould growth.

  Its all too easy to point the finger at the apartment but all too often its own own habbits that are to blame.

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  HeWhoKnows on 16/07/2019 - 18:43

  Seriously it doesnt take much to treat mould and its NOT expensive either!
  Just spray with a mixture of bleach and water several times until mould dissappears.

  It helps to remove mould by scrubbing it too after it has been soaked with the weak bleach solution. You can buy scrubbers that are fixed to the end of a stick to make the job easier.
  Then wipe clean with one of those sponge mops. Then repeat the spraying process to be sure.

  Not a bad idea to go to Bunnings and get one of those big 5L plastic spray containers which have a long arm on a hose and a pump to pressurise them.

  And most importantly KEEP THE WINDOWS OPEN and always use the exhaust fan when showering

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  HeWhoKnows on 16/07/2019 - 18:53

  BTW
  The first thing I notice is that there is no peeling paint.
  Hence no water in the ceiling or wall causing the mould as water always causes paint to peel.
  Cant be sure but that would be the first thing to check as to the casue of the mould.
  Just put you hand on the wall and ceiling and feel for dampness IN the wall.
  But make sure its not condensation ON the walls or ON the ceiling as this will be cause by your own habbits.