Mould in Rental Property SA: Tenant Rights & Landlord Obligations

SA Residential Tenancies Act 1995: What the Law Says

The Residential Tenancies Act 1995 (SA) governs the relationship between landlords and tenants in South Australia. Several sections are directly relevant to mould in rental properties:

Landlord Obligations (Section 67)

Under Section 67 of the Act, landlords must:

• Provide the premises in a reasonable state of cleanliness and repair at the start of the tenancy
• Maintain the premises in a reasonable state of repair during the tenancy, having regard to the age and character of the premises and the level of rent
• Comply with all statutory requirements regarding health and safety

A property with significant mould growth affecting living areas can be argued to be not in a "reasonable state of repair" and potentially not fit for habitation, particularly where the mould is caused by structural defects rather than tenant behaviour.

Tenant Obligations (Section 68)

Tenants also have obligations that are relevant to mould:

• Keep the property in a reasonable state of cleanliness
• Notify the landlord promptly of damage or needed repairs
• Not intentionally or negligently cause damage to the property
• Use the property and its facilities in a reasonable manner

This means tenants are expected to use exhaust fans, ventilate the property reasonably, report moisture issues promptly, and avoid actions that significantly increase indoor humidity (such as persistently drying large quantities of laundry indoors without ventilation).

Who Is Responsible for Mould? It Depends on the Cause

Responsibility for mould remediation depends on the root cause of the moisture problem:

Landlord Responsibility (Structural/Building Issues)

The landlord is generally responsible when mould is caused by:

• Rising damp from a failed or absent damp-proof course
• Roof leaks, faulty guttering, or damaged flashing
• Plumbing leaks in walls, ceilings, or beneath floors
• Inadequate or non-functional subfloor ventilation
• Missing or non-functional exhaust fans in bathrooms and kitchens
• Failed waterproof membranes in wet areas
• Inadequate insulation causing chronic condensation
• Building defects including cracked walls, poor drainage, or ground-level issues directing water toward the property

Tenant Responsibility (Lifestyle/Behaviour)

The tenant may bear responsibility when mould is caused by:

• Consistently not using provided exhaust fans during and after showering or cooking
• Blocking or covering ventilation openings
• Drying large amounts of laundry indoors without ventilation or dehumidification
• Keeping the property sealed without any ventilation for extended periods
• Failing to report water leaks or moisture issues to the landlord in a timely manner

Grey Areas

Many mould situations involve a combination of structural factors and occupant behaviour. For example, a property with single-glazed windows (a building characteristic the landlord could address) combined with a tenant who rarely opens windows (a behavioural factor). In these cases, the question often comes down to whether the property's design and condition make it unreasonably difficult for a tenant to prevent mould with normal, reasonable living behaviour. SACAT considers these matters on a case-by-case basis.

Step-by-Step: How to Report Mould and Seek Remediation

Step 1: Document the Mould

Before contacting your landlord, thoroughly document the problem:

• Take clear, date-stamped photographs of all mould-affected areas from multiple angles
• Note the location, approximate size of each affected area, and any related issues (water stains, damp patches, leaks)
• Record any health symptoms experienced by household members with dates
• Review your original condition report to confirm mould was not present at the start of the tenancy

Step 2: Report to Your Landlord/Property Manager in Writing

Send a written notification (email is best for keeping records) that includes:

• A clear description of the mould problem and its location
• Attached photographs
• Reference to the landlord's obligation under Section 67 of the Residential Tenancies Act 1995
• A request for inspection and repair within a reasonable timeframe (typically 14 days for non-urgent, sooner if health is affected)
• Any health impacts being experienced by occupants

Step 3: Allow Reasonable Time for Response

Give your landlord or property manager a reasonable period to respond and arrange inspection and repairs. What constitutes "reasonable" depends on the severity:

• Urgent (health risk): If mould is causing health symptoms, particularly for vulnerable occupants, a response within 3-5 business days is reasonable
• Non-urgent: For mould that is unsightly but not yet affecting health, 14-28 days is generally considered reasonable

Step 4: Issue a Breach Notice (If Unresolved)

If the landlord fails to act within a reasonable timeframe, you can issue a formal breach notice. This is a prescribed form (available from SA Consumer and Business Services) that gives the landlord 7 days to remedy the breach. The breach notice should reference the specific obligation breached (Section 67 — maintenance and repair) and describe the mould issue.

Step 5: Apply to SACAT

If the breach notice does not result in action, you can apply to the South Australian Civil and Administrative Tribunal (SACAT) for orders requiring the landlord to:

• Carry out specific repairs to address the mould and its underlying cause
• Pay compensation for any losses you have suffered (such as damaged belongings, medical expenses, or cleaning costs)
• Reduce the rent for the period the property was not in a reasonable condition

SACAT applications cost a filing fee (currently around $80 for residential tenancy matters). You can represent yourself, or seek assistance from the Legal Services Commission, a community legal centre, or a private solicitor.

Getting a Professional Mould Inspection for Your Rental

A professional mould inspection report can be valuable evidence in supporting your repair request or SACAT application. An independent inspection will:

• Identify the type and extent of mould present using visual inspection, moisture meters, and potentially air sampling
• Determine the moisture source causing the mould (structural defect vs. occupant behaviour), which directly bears on the question of responsibility
• Provide an independent, professional opinion on the severity of the issue and recommended remediation
• Document findings in a formal report that carries significant weight in tribunal proceedings

A mould inspection typically costs $150-$400. While this is an out-of-pocket cost for the tenant initially, it can be included in a compensation claim to SACAT if the mould is found to be the landlord's responsibility.

Information for Landlords

If you are a landlord dealing with mould complaints, prompt action protects both your tenants and your investment:

• Respond promptly: Acknowledge the complaint in writing and arrange an inspection within a reasonable timeframe. Delayed responses can escalate disputes and increase remediation costs.
• Investigate the cause:Before assuming the tenant is at fault, have the moisture source professionally assessed. Many mould issues in Adelaide's older rental stock are caused by rising damp, inadequate ventilation, or plumbing issues that predate the current tenancy.
• Address the root cause: Surface mould cleaning without fixing the underlying moisture issue will result in recurrence, further complaints, and potentially a SACAT application. Investing in proper remediation upfront is more cost-effective than repeated surface treatments.
• Document everything: Keep records of all inspections, reports, quotes, and repairs carried out. This documentation protects you if a dispute reaches SACAT.
• Consider preventive upgrades: Installing or upgrading exhaust fans, improving subfloor ventilation, addressing rising damp, and adding insulation can prevent mould from occurring in the first place and reduce ongoing maintenance costs.

Useful Contacts for Mould in SA Rentals

Related Resources

• Is Mould Dangerous? — Health risks to support your case for remediation
• Mould Removal Cost Adelaide — Understand remediation costs for quotes and claims
• Condensation Control Adelaide — Solutions for condensation-related mould in rentals
• Rising Damp Adelaide — A common structural cause of mould in older Adelaide rentals