Your Landlord Ignored Your Mould Complaint — Here Is What to Do Next
You have done everything right. You reported the mould to your landlord weeks — maybe months — ago. You put it in writing. You followed up. And nothing has happened. The mould is still there, possibly worse than before. Your child is coughing at night. The musty smell has become the backdrop of your daily life. You feel stuck, but you are not.
Victorian law gives you a clear path to force action when a landlord refuses to address mould. This guide walks you through the formal reporting and escalation process, step by step, all the way to VCAT if necessary.
Step 1: Formal Written Notice to the Landlord
If you have not already done so, send a formal written repair request to your landlord or property manager. Email is the preferred method because it is timestamped and easy to retain.
Your notice should include:
- The date you first noticed the mould
- A clear description of the affected areas (rooms, walls, surfaces)
- Attached photos showing the extent of the mould
- Any health symptoms you or household members are experiencing
- A specific request that the mould be professionally inspected, removed, and the underlying cause fixed
- A reference to the landlord’s obligations under the Residential Tenancies Act 1997
Under Victorian law, landlords must respond to non-urgent repair requests within 14 days. If the mould is severe enough to affect health, it may qualify as urgent, requiring a response within 24 hours.
Step 2: Build Your Evidence
From the moment you report mould, start building a detailed record:
- Photographs: Take dated photos of all mould-affected areas. Photograph the same spots weekly to show progression
- Correspondence log: Keep every email, letter, and text message between you and the landlord or agent about the mould
- Health records: If you or your family are experiencing symptoms, see your GP and ask for a written record linking your symptoms to mould exposure
- Independent inspection: Consider commissioning an independent mould testing service to produce a professional report documenting the type, extent, and likely cause of the mould. This carries significant weight at VCAT
Step 3: Contact Consumer Affairs Victoria
If your landlord does not act within the required timeframe, contact Consumer Affairs Victoria:
- Phone: 1300 558 181
- Online: consumer.vic.gov.au
Consumer Affairs can:
- Provide advice on your specific situation
- Attempt to resolve the dispute through conciliation between you and the landlord
- Guide you on whether to proceed to VCAT
Conciliation is free, relatively informal, and resolves many disputes without the need for a tribunal hearing.
Step 4: Apply to VCAT
If conciliation fails or the landlord refuses to participate, you can apply to the Victorian Civil and Administrative Tribunal (VCAT) for orders compelling the landlord to act.
What to Apply For
- Compliance order: Requiring the landlord to remediate the mould and fix the underlying cause within a specified timeframe
- Compensation order: For loss of amenity (reduced enjoyment of the property), damage to personal property, and/or health-related costs
- Rent reduction: VCAT can order a reduction in rent for the period you have been living with the mould
The Application Process
- Complete a VCAT application form (available online at vcat.vic.gov.au)
- Pay the application fee (currently around $65 for residential tenancy matters)
- Attend the hearing — you can represent yourself, or seek assistance from a tenants’ advocacy service
- Present your evidence: photos, correspondence, inspection reports, medical records
What VCAT Considers
VCAT will consider:
- Whether the mould is caused by a structural or maintenance issue (landlord’s responsibility) or tenant behaviour
- Whether the landlord was given reasonable opportunity to address the problem
- The impact on the tenant’s health and enjoyment of the property
- Whether the landlord acted in good faith
A professional mould inspection report from an independent specialist is one of the strongest pieces of evidence you can present, as it objectively establishes the cause and severity of the mould.
Can You Break Your Lease Over Mould?
In extreme cases where mould makes the property uninhabitable and the landlord refuses to act, you may be able to apply to VCAT for an order terminating your tenancy agreement without penalty. This is a last resort and requires strong evidence that the property is unfit for habitation.
Free Help Available to Tenants
You do not have to navigate this alone. Free tenant support services include:
- Tenants Victoria (tenantsvic.org.au) — free legal advice for residential tenants
- Community legal centres — many offer free tenancy advice sessions
- Consumer Affairs Victoria — dispute resolution and guidance
For more on what your landlord should be doing, see our detailed guide on landlord mould obligations in Victoria.
Take Action Today
You have the right to a safe, habitable rental home — and you have legal avenues to enforce that right. Start by documenting the mould and requesting an independent assessment. Use our free mould risk assessment to understand the severity of your situation and get connected with qualified mould inspection professionals whose reports can support your case at VCAT.