Mould- Everything you didn’t want to know

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


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Jason Gwerder
Monday, 27 May 2019

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