There's mould in my VIC rental and the agent keeps saying it's my fault
Common scenario
My VIC rental has visible black mould in the bathroom and along one bedroom wall. The agent keeps saying it is my fault for not opening windows. I do open them. The bathroom has no exhaust fan. What can I do?
Short answer: Lack of an exhaust fan in a wet area is almost certainly a minimum-standards breach. The agent's "tenant lifestyle" line is a standard deflection that does not survive a tribunal. Document it and either repair-and-recover or apply to VCAT.
1. The minimum-standards angle
Under Schedule 4 of the RTA 1997 (VIC):
"A bathroom must have a window that opens or a working exhaust fan."
If your bathroom has no exhaust fan and no openable window, the rental fails the minimum standards from day one. The landlord is in breach regardless of mould, and you may be entitled to a rent reduction back to the start of the tenancy.
2. Mould as an urgent repair
Black mould is a health hazard. Under s 72, untreated mould is an urgent repair if it is making the premises unsafe or unhealthy. Get evidence:
3. What to do today
Step 1. Written request for repair:
*"Mould is present in the bathroom and bedroom wall (see photos attached). The bathroom has no exhaust fan, which is a minimum-standards breach under Schedule 4 RTA 1997 (VIC). Mould is an urgent repair under s 72. I require: (1) professional mould remediation; (2) installation of a compliant exhaust fan; and (3) compensation/rent reduction for the period the property has failed minimum standards. Please confirm by [date. 7 days]."*
Step 2. If they refuse or delay, apply to Consumer Affairs Victoria (free dispute resolution). they will mediate. If mediation fails, apply to VCAT for:
4. What VCAT will likely do
VCAT regularly awards:
The "tenant lifestyle" argument almost always fails when there is no working ventilation.
Free legal help
Tenants Victoria. (03) 9416 2577. they can help you prepare the VCAT application.
Not legal advice. Compass is an AI assistant. for advice on your specific situation, contact your state's free Tenants' Union.
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