Black mould creeping up the bathroom wall. A musty smell that won’t shift. Health symptoms appearing for you or the kids. Across Australia, residential tenancy law imposes a clear duty on landlords to maintain rental properties in a reasonable state of repair and cleanliness — and persistent mould is almost always a breach.
The landlord’s duty in your state
New South Wales: Residential Tenancies Act 2010 sections 52, 63 — premises must be fit for habitation and reasonably clean and in a reasonable state of repair. NCAT. Victoria: Residential Tenancies Act 1997 (rental minimum standards regulations from 2021) — mould is expressly addressed. VCAT. Queensland: Residential Tenancies and Rooming Accommodation Act 2008 — minimum housing standards in force from 2023/2024. QCAT. Western Australia: Residential Tenancies Act 1987. Magistrates Court. South Australia: Residential Tenancies Act 1995. SACAT. Australian Capital Territory: Residential Tenancies Act 1997. ACAT. Tasmania: Residential Tenancy Act 1997. The Residential Tenancy Commissioner or the Magistrates Court. Northern Territory: Residential Tenancies Act 1999. NTCAT.
Common landlord defences and why they fail
“It’s the way you live — too many showers, no ventilation.” Where mould results from a building defect (failed waterproofing, blocked subfloor vents, broken extraction fans), tenant behaviour is not a defence. “Just clean it with bleach.” Surface treatment of mould caused by a moisture-ingress defect doesn’t fix the underlying cause. “It’s been like that since before you moved in.” Landlords cannot let an unfit property; the duty applies throughout the tenancy. “We need to wait for summer.” The duty is to repair within a reasonable time — months are rarely reasonable for a health hazard.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who are you dealing with?
2. How much is at stake?
3. Do you have it in writing?
Your result is ready. Where should we send it?
What the document does
A Notice to Remedy Breach for mould puts the landlord on formal written notice of the breach, identifies the affected areas and any health impacts, demands inspection by a qualified party (ideally a building consultant, not just a cleaner), and sets a reasonable remediation deadline. It creates the paper trail required for any later compensation, rent reduction, or termination application.
What Claim Done delivers
For a flat fee, Claim Done drafts your Notice to Remedy Breach with the correct Act and section citations for your state, framing mould as a state-of-repair and habitability breach, and demanding both inspection and remediation. About ten minutes in the wizard.
What happens after
Many landlords act on a properly-drafted notice within 14–28 days because the next step — a tribunal application for repairs orders, rent reduction backdated to the breach, and compensation — escalates fast. If repairs don’t happen, your state tribunal can order them and award compensation for loss of amenity and damaged property.
Send a Notice to Remedy Breach. Citing Australian Consumer Law.
No card until the end. No subscription.
What happens when you put your landlord on formal notice
Same problem. What a prepared case looks like.