Mould, Damp and Landlord Liability: Who Is Responsible for Damage in a Rental Property?

Mould and damp are common sources of dispute between landlords and tenants. While the presence of mould may initially appear to be a relatively minor maintenance issue, persistent damp or mould can cause significant damage to a property and, in appropriate circumstances, raise questions of contractual, statutory and delictual liability. The difficulty is that responsibility cannot be determined merely by establishing that mould is present. The underlying cause of the moisture, the terms of the lease, the parties’ respective obligations and whether the landlord was given an opportunity to remedy the problem will all be relevant. The distinction between damp…