Residential Tenancies

The rental bond held at NSW Fair Trading rental bonds online service will not be released if a dispute arises between the landlord and the tenant. The dispute will have to be resolved at the NSW Civil and Administrative Tribunal (NCAT). In many cases, the Tribunal will require documentary evidence such as, witness statements, invoices of payments, expert reports, photographs and so on.


Disputes about repairs and maintenance in a residential tenancy are common. Landlords have a legal obligation to repair and to keep the residential premises in good repair. The failure of this obligation is a breach of the residential tenancy agreement and can have legal consequences.


Why is Mould an issue of repair?


Mould in a residential tenancy is a matter of disrepair. In Roberts v NSW Aboriginal Housing Office [2017] NSWCATAP 9 at [113], the Appeal Panel of the NSW Civil and Administration Tribunal held that “[t]he obligation to repair includes an obligation to make good and maintain internal surfaces affected by mould which is caused by defects in the exterior of the premises”.


Section 52 of the Residential Tenancies Act 2010 (RTA) provides the landlord’s general obligation to provide the rental property “in a reasonable state of cleanliness and fit for habitation…” at the start of the tenancy. This is also a term of the residential tenancy agreement.