Information for tenants

affected by mould
When you rent a place to live in Queensland, your tenancy agreement is covered by the Residential
Tenancies and Rooming Accommodation Act 2008. This fact sheet is for residential tenancies,
however most of this information also applies to rooming accommodation such as boarding
houses.

Who is responsible for

About Mould
mould
What's inside
Mould is a common problem in many homes Mould may constitute loss of amenity or breach
and workplaces. Mould is a fungi that grows in of the lessor’s obligation to provide premises •• About Mould
damp, and poorly ventilated spaces such as fit to live in and in good repair. Responsibility •• What to look for
kitchens, bathrooms and laundries. Dust and for the cleaning or removal of mould depends
dirt in these areas also helps mould to breed. on the cause of the mould. Mould can develop •• Who is responsible for
Mould spores can be damaging to your health, because of structural issues associated with the mould
and if left untreated can cause headaches, nasal property and how it was built, or as a result
•• Floods
irrigation, fatigue and nausea. of how repairs and maintenance were carried
out. In these instances, the lessor (or agent) will •• Rent Reduction
Mould cannot be killed. It can only become be responsible for the cleaning and or removal •• Repairs
dormant if it dries out. Once conditions are of the mould. Mould which results from the
conducive (such as moisture) growth may actions of a tenant, for example because of the •• Cleaning after flood
resume. Therefore, it is important to ensure that lack of regular cleaning, will be the responsibility damage
the conditions that cause the mould outbreak of the tenant.
are rectified, if not the mould will quickly •• Bond
regrow. It is not always easy to determine the cause •• Compensation
of mould. When tenants have difficulties with
mould, they should keep evidence of when and
•• Mitigation of loss
how it is removed, and in what circumstances •• Personal injury
What to look for the mould appeared in the first instance (e.g.
after a weather event). If the mould returns,
the tenant’s record can be used as evidence.
Occasionally both the lessor and tenant will be Who’s who?
Discolouration – check for discolouration. partly responsible for mould.
A lessor is the person who gives a tenant
Mould can be brown, grey, green in colour. the ‘right to occupy’ a residential premises.
Lessors often employ real estate agents to
Smell - your nose knows! A mouldy smell
suggests mould is growing in the environment. Floods manage premises on their behalf.
A provider is a person who provides
Hidden mould – Mould can thrive almost rooming accommodation to residents.
anywhere under the right conditions. If the A tenancy does not automatically end if a flood Tenants Queensland (TQ) is a specialist
spores land where it is warm, moist and destroys or severely damages the rental community and legal service which has
food is available (including dust and dirt), it property. been providing services to and represent-
can multiply. Check out places that might ing the interests of residential renters in
have leaks, plumbing problems or have been All tenancies must end by providing notice Queensland since 1986.
flooded. Check under flooring such as carpets, to the other party or by a written mutual
QSTARS is a program providing specialist
inside wardrobes and under furniture or behind termination agreement.
advice and support to renters, funded by
fridges.
the Qld Government, delivered by TQ
Mould is a serious problem after premises have
been impacted by flood waters. Properties The RTA is the government authority that
must be remediated to prevent and/or minimise manages rental bonds, provides forms and
mould growth. information, conducts dispute resolution
and investigates complaints of unlawful
conduct under tenancy laws.
The Tribunal or QCAT, hears and makes
binding decisions about residential tenancy
disputes.

Tenants Queensland 1 Natural Disaster Tenancy Facts

Information for tenants affected by mould

Rent Reduction Cleaning after flood damage

If the premises has been damaged, and are partially or completely unfit If the premises have been made dirty due to the floods, the lessor
to live in, the tenant can give a notice of intention to leave due to non- is responsible for cleaning the property and inclusions, and you are
livability. This notice must be given within 1 month of the flood event. responsible for cleaning your goods and possessions. However, many
tenants, Councils, community groups and individuals assist with cleaning
This is not a break lease termination. and often an agreement can often be negotiated with the lessor or agent.

If you want to stay in the damaged premises, you can try to negotiate If you are moving out, ensure that you clean and remove your possessions.
reduced rent with your lessor or agent. Put any agreement in writing and You are not responsible for cleaning of flood damage premises, including
keep a copy. removing debris. If there are parts of the property that are not flood
damaged and which you can reasonably and safely access, you should
If you can’t reach an agreement, you can apply to the RTA for dispute return these to the same condition you received them in, except for fair
resolution. If the RTA’s dispute resolution is unsuccessful, a Notice wear and tear.
of Unresolved Dispute will be issued, and you can then apply to the
Queensland Civil and Administrative Tribunal (QCAT) for an order about For information on how to recover flood or mould damaged items such
the rent decrease. as books, diaries, picture and photographs visit the State Library of
Queensland website.
If you are not living at the premises while they are being repaired, you are
still required to continue paying rent until the dispute is resolved or a rent
decrease is provided. If this is not possible it is important to seek advice
immediately. Bond

Repairs You should apply for the bond on the day you return possession to the
lessor or agent.

The fastest way to make an online bond claim is here, you’ll need a QGov
Damage to the premises must be reported in writing to the lessor or agent account.
as soon as practical.
The other way of claiming the bond is to complete the Refund of Rental
If a repair issue is deemed an “emergency repair” under the tenancy Bond form, and post to the RTA.
legislation, you can apply directly to QCAT for an urgent hearing, or
arrange for emergency repairs to be carried out, up to the value of 4 The RTA will act on the first application or form they receive and will notify
weeks’ rent. An “emergency repair” includes flooding or serious flood the other party that a claim has been made. Make sure the RTA always has
damage. This does not apply to rooming accommodation. a current email and forwarding address for contact.

Repair requests can be outlined on a Notice to Remedy Breach and given If a dispute arises about the bond, the RTA will hold the bond while the
to the lessor or agent. parties go through the bond dispute process.

After a flood event, repairs may be delayed due to building reports,

insurance assessors, availability of tradespersons/building materials/spare
parts.

Tenants Queensland 2 Natural Disaster Tenancy Facts

Information for tenants affected by mould

Compensation Personal injury

Generally, compensation is not available for losses caused solely by flood If someone in your household suffers illness from mould, the first person
or storm damage. to consult is your local doctor. You may be considering taking legal action,
and you can discuss this with a solicitor or your local Community Legal
However, if the lessor or agent: Centre.

●● was notified of a repair issue prior to an act of nature occurring; and

●● they failed to repair within the permitted time stated in the notice
(or, if no time is stated in the notice, within a reasonable time), and
the failure to repair caused the tenant to suffer a loss/or further loss

you may be able to claim compensation against the lessor/agent.

Tenancy Facts
Mitigation of loss Tenancy facts information for renters are available at
www.qstars.org.au

After a flood event often all parties to the tenancy agreement suffer
losses. Tenancy legislation requires both parties to take reasonable steps to Tenancy Facts include:
mitigate the losses relating to the tenancy.
••Renting in Queensland
A lessor who does not act quickly after a flood event, or does not ••Starting a tenancy
remediate and repair the property, resulting in mould, has not ••Rental bonds
demonstrated mitigation ••Rent and other charges
••Entry and privacy
••Repairs and maintenance
••You want to leave
••Lessor ends the tenancy
••Resolving tenancy disputes
••Tenancy databases

Further help
Tenants Queensland Residential Tenancies Authority (RTA)
The RTA is the government authority. RTA tenancy forms are available
Tenants Queensland (TQ) is a specialist community and legal service which online at www.rta.qld.gov.au or call 1300 366 311
has been providing services to and representing the interests of residential
Version 1 • August 2024

renters in Queensland since 1986. QSTARS is managed by TQ and delivered The Queensland Civil and Administrative Tribunal (QCAT or
in collaboration with partner organisations. the Tribunal)
To find your local Tribunal (except for Brisbane QCAT sits in the local
For administration issues contact TQ on 07 3832 9447 or Magistrates Court) or get QCAT forms visit www.qcat.qld.gov.au or call
visit www.tenantsqld.org.au QCAT on 1300 753 228

Queensland Statewide Tenant Advice and Referral Services Translating and Interpreting Service (TIS)
(QSTARS) If you need an interpreter let us know when you call, or call the TIS
translating and interpreting service on 131 450 so they can help you
QSTARS provides specialist tenancy advice, advocacy support and referral contact our service.
for Queensland renters.
©Tenants Queensland

Contact QSTARS for tenancy advice on: 1300 744 263

Open Mon – Friday 9am – 5pm

(extended hours to 7pm on Tuesdays and Wednesdays)

Visit www.qstars.org.au for more information and to access tenancy fact Disclaimer: This factsheet provides information only and is not intended to provide
sheets and videos. legal advice.

Tenants Queensland 3 Natural Disaster Tenancy Facts