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
NSW: Residential Tenancies Act 2010 sections 52, 63 — premises must be fit for habitation and reasonably clean and in a reasonable state of repair. NCAT. VIC: Residential Tenancies Act 1997 (rental minimum standards regulations from 2021) — mould is expressly addressed. VCAT. QLD: Residential Tenancies and Rooming Accommodation Act 2008 — minimum housing standards in force from 2023/2024. QCAT. WA: Residential Tenancies Act 1987. Magistrates Court. SA: Residential Tenancies Act 1995. SACAT. ACT: Residential Tenancies Act 1997. ACAT. TAS: Residential Tenancy Act 1997. RMPAT. NT: 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.
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 $79, 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.