Tenants in Sydney have been told by their real estate agency it is “critical” they regularly open windows during winter to restrict the spread of mould.
CobdenHayson emailed tenants on 1 June with recommendations “to help you prepare for the winter season”.
The email, seen by Guardian Australia, said Sydney homes were “designed to have windows open on a regular basis”.
“As winter approaches, residents are often reluctant to open windows however this is critical to ensure adequate ventilation … Where possible leave a window slightly open during the day.”
The agency advised tenants that management of mould was “the responsibility of each tenant” and advised them to clean mould as soon as they noticed it.
“Mould is not always a sign of a leak or problem, it is largely attributed to a lack of ventilation and can manifest of its own accord in humid environments, then spread quickly if left untreated.
“Cleaning this early will not only improve your health but will assist with ongoing mould management.”
The guidelines on the NSW government’s fair trading website state that mould is the responsibility of the landlord if the property does not have adequate ventilation, but the tenant “may be responsible” if they allow a buildup of moisture by never opening windows or not using ventilation fans.
If mould builds up, it is the tenant’s responsibility to notify the landlord, the guidelines state.
The Marrickville office, which sent the email, declined to comment, saying only that the email “was sent by head office that we have adopted and sent to our tenants”.
“The email makes reference to general recommendations, if the tenant chooses to take those general recommendations it is entirely at their discretion.”
The agent’s head office did not respond to a further request for comment.
Guardian Australia reported in April that tenants were routinely advised by other landlords and agents to open windows as record-breaking rain in Sydney and other parts of NSW caused mould problems to escalate dramatically.
Now the city and many parts of south-eastern Australia have shivered through an icy few weeks. Temperatures in Sydney on 1 June, the first day of winter, did not get above 15C and fell well into single figures at night, with wind chill from gusts of up to 90kmh making it feel much colder. It has been Sydney’s coldest first week in June since 1989.
The chief executive of the Tenants’ Union of NSW, Leo Patterson Ross, stressed that landlords were responsible for ensuring that a property is adequately ventilated.
“If the property isn’t built to ventilate safely, so that you aren’t exposed to the elements, that’s the landlord’s responsibility,” he said.
“Under the tenancy contract, the property has to be habitable and you’re entitled to ‘peace, comfort and privacy’. If by opening a window, you’re exposing yourself to an environment that’s too cold, the shelter that you’re paying for is no longer protecting you from the elements. You can’t reasonably be expected to put yourself into harm’s way like that.”
Patterson Ross said tenants who noticed mould should take photos, clean it and report it to the landlord or agent, so there was a record that the tenant had tried to address it.
“People should clean mould early to try and prevent it from taking hold. But often we find mould is more likely to be a structural issue.
“An area bigger than the size of a plate is probably an indicator of a structural problem, and it’s pretty clear from the law that the landlord has a responsibility to address it,” he said.
Lauren, who asked that her last name not be published, rents with her partner in Sydney’s inner west (not through CobdenHayson). She said the mould in the terrace apartment she recently left became significantly worse after the heavy rain of the past few months. She said she first notified her landlord of the issue in 2018.
“We were just advised that the condition was livable, and they weren’t going to pay for any repairs,” she said.
She said water had been dripping from a bedroom ceiling even when it wasn’t raining, and mould had taken over much of the apartment, “growing all over our furniture, throughout the carpets and on the walls”.
She broke her lease, only to find the property was relisted for $30 more a week than what she had been paying.
“It’s pretty desperate out there. Tenants always feel like they’re sort of walking on eggshells.
“I’ve got friends who are living in mould-infested houses at the moment and having their rent increased and they’re just putting up with it.”
In Sydney, the residential vacancy rate is 1.6%, the lowest since 2017, indicating significant pressure in the rental market.
The Greens MP Jenny Leong has tabled a bill in the NSW parliament calling for increased tenant protections, including a requirement that rental properties are mould and damp-free.
“People are crying out for help,” she said.
“That is why we urgently need consideration of the measures in this bill to be passed to protect people that are renting across NSW.”
In Victoria the law was changed last year to clarify the responsibilities of landlords in relation to mould.
Georga Wootton, a lawyer with Tenants Victoria, said there should be no confusion about who was responsible.
“It is the landlord’s responsibility to fix mould that is caused by a problem with the property, such as poor ventilation, a leaking pipe or a broken window frame.
“Further, if the mould is caused by a problem with the property, and is making the property unsafe, it needs to be fixed as an urgent repair.”
She said Tenants Victoria always experienced an increase in the number of inquiries about mould in the cooler months, and this year there were twice as many in May as in April.
