Victoria Mould Requirements for Rental Properties: Landlord vs Tenant Responsibility

Mould disputes are among the most contested issues in Victorian rental compliance because responsibility depends on what's causing the mould — and the line between "structural" and "lifestyle" isn't always obvious. Standard 8 of Schedule 4 of the Residential Tenancies Regulations 2021 is clear on the principle: all rooms must be free from mould and dampness caused by or related to the building structure.

What the Landlord Is Responsible For

The landlord's duty covers mould and dampness that originates from the building itself:

• Rising damp through foundations or subfloor areas.
• Roof leaks, gutter failures, or flashing gaps that let water into wall cavities or ceilings.
• Inadequate waterproofing in bathrooms, laundries, or balconies.
• Architectural design defects — poor ventilation by design, insufficient damp-proof coursing, or substandard drainage.
• Condensation caused by building defects — single-glazed windows in poorly ventilated rooms, for example, where the building design creates the conditions for moisture buildup.

If mould or dampness results from any of these causes, the property fails Standard 8 and cannot be advertised or let until the issue is fixed. A mould treatment that covers up the staining without fixing the underlying cause is not compliance — the mould will return, and the breach continues.

What the Tenant Is Responsible For

The landlord is not responsible for surface mould caused purely by tenant lifestyle. This includes mould from:

• Failing to use exhaust fans during showers or cooking.
• Drying clothes indoors without ventilation.
• Blocking vents or air bricks.
• Keeping the property sealed shut in humid conditions.

The distinction matters at VCAT. In mould disputes, the tribunal examines whether the mould originates from a structural water source or a ventilation design flaw (landlord's liability) versus internal condensation from occupant behaviour (tenant's responsibility).

The Disclosure Obligation

If the property has been subject to repair notices or notices of action regarding structural mould or dampness within the preceding three years, the landlord must disclose this in the 17-point Mandatory Disclosure Statement before the tenant signs the lease. Omitting this disclosure is an offence under Section 30A of the Residential Tenancies Act 1997.

Disclose qualifying repair notices or notices of action from the preceding three years, whether or not the issue has since been fixed. If the underlying cause hasn't been fixed, the property is non-compliant under Standard 8 and shouldn't be advertised at all.

What to Do When a Tenant Reports Mould

1. Inspect promptly. Determine whether the mould is on internal surfaces only (potential lifestyle cause) or whether there's evidence of water ingress, rising damp, or structural defects.
2. Commission a specialist assessment if the cause is unclear. A moisture audit or building inspection report provides objective evidence of the source. General cleaning quotes don't address the compliance question.
3. Fix the structural cause first, then treat the mould. Repainting over mould without fixing the leak or ventilation defect is a temporary cosmetic measure, not a compliance solution.
4. Document everything. Photographs, specialist reports, and trade invoices proving you identified and addressed the structural cause satisfy the Section 65F record-keeping requirement.

If a tenant reports mould and you don't respond within 14 days for non-urgent repairs — or immediately if the mould poses a health risk — the tenant can escalate through Section 72 (urgent repair), Rental Dispute Resolution Victoria, or VCAT.

Prevention Over Remediation

For self-managing landlords, the most cost-effective approach is preventing structural mould before a tenancy starts. During vacancy, check the subfloor for moisture, inspect the roof and gutters, verify that bathrooms and laundries have working exhaust fans, and confirm that the building's ventilation meets the Building Code of Australia standard (Standard 14 under Schedule 4).

The Rental Minimum Standards in Victoria guide covers the mould standard alongside the full 15-category audit process, with guidance on what constitutes structural versus lifestyle mould and the evidence you need to keep.

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