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.
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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.
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What happens when you put your landlord on formal notice
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Notice to Remedy Breach drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Notice to Remedy Breach from the answers you give about your situation for a flat $49 AUD. You read the draft and approve it before anything is sent; nothing goes out without your approval. Start at claimdone.com.au/begin/?service=notice-to-remedy-breach. Claim Done is not a law firm and does not give legal advice.
How much does a Notice to Remedy Breach cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. Email delivery is free; registered post is $29 extra. It covers every Australian state and territory.
Do I need a lawyer to send a Notice to Remedy Breach in Australia?
No. There is no legal requirement to use a solicitor to write or send a Notice to Remedy Breach; many people send their own. Claim Done drafts it for you and you approve it before it is sent.
What does Claim Done do that a free Notice to Remedy Breach template doesn't?
It drafts the Notice to Remedy Breach from your own facts under your state's law, naming the right Act and, where it applies, the tribunal, regulator or court that comes next if they do not respond. Nothing is sent until you approve it. Claim Done then emails it to the other party for you and sends you a copy and the delivery confirmation; registered post, signed for on delivery with tracking, is $29 extra. The key dates in the letter are listed on your dashboard.