By the end of a Melbourne winter I see the same thing in a lot of properties: a grey bloom in the corner of a bathroom ceiling, black speckle along the bottom of a bedroom window, a wardrobe on an external wall that smells like a cellar. And nearly always the same question from whoever’s moving out — am I getting charged for this?
The honest answer is that it hangs on one word, and it isn’t “clean”. It’s structure.
The line the law actually draws
Consumer Affairs Victoria starts from an admission that’s worth reading twice:
“The law doesn’t always say who is responsible for fixing or paying to fix a problem.”
So instead of a rule, CAV gives you two worked examples, and they’re the two ends of the spectrum:
| Whose problem | CAV’s own example |
|---|---|
| Rental provider | “a broken or faulty window frame has let rainwater inside and caused mould or damp” |
| Renter | “mould formed because they didn’t use a ventilation fan in the bathroom” |
That’s the whole test in practice. Did water get in, or did water fail to get out? Rain through a failed seal, a slow roof leak, rising damp through a wall — that’s the building. Steam from daily showers with the fan switched off and the window shut — that’s use.
Most real cases sit somewhere in the middle, which is exactly why the evidence section further down matters more than the argument does.
The minimum standard almost nobody quotes
Here’s the part that shifts a lot of these conversations. If your rental agreement started on or after 29 March 2021, the property has to meet Victoria’s rental minimum standards, and two of them are directly about this:
“All rooms must be free from mould and damp caused by or related to the building structure.”
“The property must be structurally sound and weatherproof.”
And the one that answers the ventilation-fan argument before it starts:
“Rental properties must have adequate ventilation in all habitable rooms including the bathroom, shower, toilet and laundry. The property must meet the appropriate ventilation requirements of the Building Code of Australia, which are different for different kinds of properties.”
Read those together. If you’re being told the bathroom mould is yours because you didn’t use the exhaust fan, the first question back is whether the room’s ventilation meets the Building Code requirement at all. A window painted shut, a fan that vents into the ceiling cavity, or no extraction in an internal bathroom is not a housekeeping failure on your side.
There’s also a heating standard worth knowing, because cold rooms and condensation travel together:
“All rental properties must have a fixed heater (not portable) in good working order in the main living area.”
Structural mould is an urgent repair
This is the lever renters most often don’t know they have. Consumer Affairs Victoria puts it this way: if pests, infestations, or mould or damp caused by or related to the building structure are making the property unsecure or unsafe to live in, it is an urgent repair.
Tenants Victoria lists the same thing in the statutory urgent repairs list as:
“Any fault or damage that makes your home unsafe or not secure, including pest infestations and mould or damp caused by the building structure.”
And there’s a second door into the same room: for agreements from 29 March 2021, a property that doesn’t meet the minimum standards is itself an urgent repair matter — and “free from mould and damp caused by or related to the building structure” is one of those standards.
What that changes in practice:
- Urgent repairs are to be attended to immediately, not scheduled at leisure. Tenants Victoria’s guidance is to generally expect action within 48 hours of reporting.
- If the provider doesn’t act, you can arrange the repair yourself up to $2,500 including GST, and once you give written notice they have 7 days to repay you.
- Non-urgent repairs must be completed within 14 days of your written request.
Use the emergency contact number you were given at the start of the tenancy, then confirm it in writing the same day. The phone call is what gets it moving; the email is what exists six months later.
What to do the day you see it
- Photograph it with the room, not just the mould. A tight close-up of black spots proves nothing about location or scale. Get a wide shot showing the wall, window or ceiling, then move in.
- Report it in writing, immediately. CAV’s instruction is plain: if renters see signs of pests, infestations, mould or rising damp, they should tell the rental provider immediately. Date it, describe the room, say whether it’s recurring.
- Say what you think caused it, and don’t overclaim. “Mould has returned on the bathroom ceiling; the exhaust fan runs but the room stays wet for hours” is useful. “The property is unsafe” without support isn’t.
- Keep using the ventilation you do have, and record that you are. It closes off the easiest counter-argument.
- Note whether it comes back after cleaning. Surface mould that wipes off and stays gone reads as a use issue. Mould that returns in the same spot within weeks reads as moisture getting in — that’s the pattern worth documenting.
The evidence that ends the argument
Two things carry disproportionate weight if this ever reaches a decision-maker.
The condition report. If the damp patch or the stained ceiling was there when you moved in, the report is where that lives — and if it isn’t in there, you’re arguing from memory. This is the single strongest reason to take the five business days you get to add your own comments seriously; I’ve written up how condition reports decide bond outcomes in Victoria separately.
An expert assessment. For urgent repair claims, CAV specifically points to “an assessment report by an occupational hygienist, environmental health professional or expert from the local council.” That’s a meaningfully different document from an agent’s opinion or a cleaner’s invoice, and local council environmental health officers are the cheapest route into it.
Your written repair requests sit behind both. A routine inspection where you flagged the moisture — see the rental inspection checklist for how to get that into the record — is corroboration you can’t manufacture later.
If you still can’t agree
Nobody has to accept the other side’s verdict. The escalation path in Victoria is free at every step until the tribunal:
- Consumer Affairs Victoria — request a free repairs inspection. An independent inspector’s report changes the conversation quickly.
- Rental Dispute Resolution Victoria (RDRV) — a free dispute resolution service.
- VCAT — binding determination, including a determination on who is responsible for treating the mould.
Two cautions. Keep paying your rent while this runs; you can ask for rent to be held in a special account during a dispute, but simply withholding it hands the other side a separate case. And if the mould question is tangled up with what’s being taken out of your bond, the bond has its own clock and its own process — that’s covered in how to get your bond back in Victoria.
The short version
① The test is structure vs use — water getting in (leaks, failed window frames, rising damp) is the rental provider’s; steam that can’t get out may be yours ② For agreements from 29 March 2021, minimum standards require rooms to be free from mould and damp caused by or related to the building structure, plus ventilation meeting the Building Code — and structural mould that makes a home unsafe is an urgent repair ③ Report it in writing the day you see it, photograph the room not just the spot, and escalate free via CAV inspection → RDRV → VCAT rather than arguing it out with the agent
Frequently asked questions
Is mould the landlord's responsibility in Victoria?
It depends on the cause. Consumer Affairs Victoria says a rental provider may be responsible where a structural defect caused it — their example is "a broken or faulty window frame has let rainwater inside and caused mould or damp." A renter may be liable where their own actions caused it, and CAV's example there is "mould formed because they didn't use a ventilation fan in the bathroom." CAV also states plainly that "the law doesn't always say who is responsible for fixing or paying to fix a problem."
Is mould an urgent repair?
It can be. Consumer Affairs Victoria says that if mould or damp caused by or related to the building structure is making the property unsecure or unsafe to live in, it is an urgent repair. Separately, for rental agreements that started on or after 29 March 2021, a property failing to meet the rental minimum standards is itself grounds for an urgent repair request — and one of those standards is that all rooms must be free from mould and damp caused by or related to the building structure.
How long does the rental provider have to fix it?
Urgent repairs have to be dealt with immediately rather than on a set clock — Tenants Victoria's guidance is that you should generally expect action within 48 hours of reporting. Non-urgent repairs must be done within 14 days of your written request. If the provider doesn't act on an urgent repair, you can arrange it yourself up to $2,500 including GST and they must repay you within 7 days of your written notice.
What if we can't agree on who caused the mould?
Neither side gets to decide it unilaterally. You can request a free repairs inspection from Consumer Affairs Victoria, then apply to Rental Dispute Resolution Victoria, which is free. If it's still unresolved, VCAT can make a binding determination on who is responsible. Do not simply stop paying rent while you argue — that creates a separate problem.
Can they take mould cleaning out of my bond?
Only if the mould was your responsibility and the property wasn't left in the condition required. If it grew from a leak, a failed window seal, rising damp or a ventilation system that never met the minimum standard, that's a maintenance issue, not a cleaning failure — and the condition report plus your written repair requests are what prove which one it was.
This guide is general information based on official sources current at the date shown above. Tenancy law differs by state and by agreement. For decisions about your own bond, check the official body linked above or get advice for your situation.
Keep reading
Bathrooms are the one room where cleaning harder eventually stops working, and the Director's Guideline on cleanliness has a sentence written for exactly that moment. Here's the bathroom line the guideline draws, why soap scum is named twice, what 'mould caused by renter's failure to take care' leaves out, and why a claim for new silicone or regrouting is a claim to question.
Victoria's Residential Tenancies Act says damage does not include fair wear and tear, which it defines as deterioration from reasonable use and natural forces. Consumer Affairs Victoria's Guideline 3 gives side-by-side examples, and VCAT has to weigh the age of an item using the ATO depreciation guide. An 8-year-old carpet is the example CAV uses for one a renter can't be charged to replace.
In Victoria a rental provider or agent can only list you on a tenant database after the lease has ended, and only if a breach left you owing more than the bond or led to a VCAT possession order. They have to warn you in writing and give you 14 days to object first. A listing is gone after three years at most, and sooner if you pay what you owe within three months.