Who is responsible for mould?

Mould may constitute loss of amenity or breach of the lessor’s obligation to provide premises fit to live in and in good repair. Responsibility for the cleaning or removal of mould depends on the cause of the mould. Mould can develop as a result of structural issues associated with the property and how it was built or as a result of how repairs and maintenance were carried out.  In these instances, the lessor (or agent) will be responsible for the cleaning and or removal of the mould. Mould which results from the actions of a tenant, for example as a result of the lack of regular cleaning, will be the responsibility of the tenant.

It is not always easy to determine the cause of mould. When tenants have difficulties with mould they should keep evidence of when and how it is removed, and in what circumstances the mould appeared in the first instance (e.g. after a weather event). If the mould returns, the tenant’s record can be used as evidence. Occasionally both the lessor and tenant will be partly responsible for mould.

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