Landlord wins tribunal dispute over ‘uninhabitable’ mould in rental property
The tenants of a $1250 rental property on the Sunshine Coast have taken their landlord to court over claims a serious mould problem made their home unliveable.
A landlord has won a tribunal dispute with tenants who claimed extensive mould made their rental property uninhabitable during heavy rainfall.
Maroochydore Magistrate Rod Madsen made orders relating to a compensation claim lodged by tenants of a Tanawha property, which was rented out for $1250 per week.
The tenants lodged a claim with Queensland Civil and Administrative Tribunal earlier this year, requesting a sum of $25,000 as compensation for mould damage, court documents show.
Mr Madsen stated in the documents the mould was first reported in January this year.
“Where mould occurs, it is important to determine whether the lessor’s premises or a failure by the lessor to fulfil its obligations caused or contributed to the presence of mould at the current premises,” Mr Madsen said.
“After reporting the mould and being dissatisfied with the lessor’s response, a report was obtained on January 20, 2025, revealing extensive mould.”
According to the court documents the tenants reported multiple issues with the four-bedroom house including a carpet python in the roof, a roof leak, being unable to use the premises due to mould and lack of quiet enjoyment.
It is accepted in the documents the mould occurred during a period of heavy rainfall on the Sunshine Coast.
“The list was extensive. To some extent, some issues appeared quite serious – others, respectfully, not so,” Mr Madsen said.
“At one point, the agent expressed exasperation in an email and explained that the lessor was doing their best to consider and address concerns wherever possible. I totally accept that the lessor was.
“I would have thought — and I have considered that he and his partner certainly have an eye for detail — they would have been more attentive to features of a property that might make it less likely to be associated with mould — for example, more natural light, more natural ventilation, or a property with significantly less plant and tree growth,” the documents stated.
Mr Madsen also stated the landlord could not have known of the mould problem when the tenants moved in.
The documents also showed there was no “solid evidence” any belongings were damaged by the mould, as claimed by the tenants.
It was also stated by Mr Madsen that cleaning supplies brought in by the tenants, contaminated furniture and storing items in a dark room with limited space could have contributed to the mould growth in the house.
Ultimately, the tenant was ordered to pay the landlord $7484 and the Residential Tenancies Authority was ordered to pay the $5000 bond to the landlord.
Mr Madsen also ordered the tenant’s application be dismissed.
