Moved Into a Rental and Found Damage or Hazards? Your Rights as a Tenant in Australia

You sign the lease, get the keys, and start unpacking. Then you notice something. Maybe you duck under the house to set up an extension cord and see charring on the joists. Maybe you pull a built-in cupboard away from the wall and find a dark, crumbling patch of what looks like rot. Maybe you're up in the roof space checking for a water stain and see a broken sheet of grey fibro you're suddenly very nervous about.

This is more common than most tenants realise. And when it happens, there's a predictable panic: Can I stop paying rent? Can I break the lease? Can I make them fix it? Will I end up on a bad tenant list if I push back?

This guide walks through the common scenarios, what the law actually says, and what you should do. It covers NSW, VIC, QLD, and other states.

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Quick Answer to the Big Question: Can You Stop Paying Rent?

No. This is the single biggest misconception in Australian tenancy law.

Even if the property has serious issues, you cannot just stop paying rent. Doing so puts you in breach of your agreement and gives the landlord grounds to terminate your tenancy. A lot of tenants think "well, they're not doing their part, so I won't do mine." It doesn't work that way.

The legal pathway is different. You can apply to your state's tribunal (NCAT in NSW, VCAT in VIC, QCAT in QLD) for a rent reduction, or for an order to have rent paid into the tribunal rather than to the landlord until repairs are done. You can also claim compensation for losses. But all of those require an application. You can't just take matters into your own hands.

So what can you actually do? It depends on what you found.

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Scenario 1: You Find Hidden Fire Damage Under the House

You're crawling around the subfloor and spot charring on the bearers and joists. Some of the timber looks structurally weakened. There's no mention of any previous fire in the condition report or lease.

Is the property still safe? Possibly not. Structural timber compromised by fire can lose significant load-bearing capacity, and the fact that it wasn't disclosed is a separate issue. You need a building inspector to assess whether the structure is still sound.

Your rights:

• Every state requires landlords to provide premises that are structurally sound and fit for habitation. Hidden structural damage almost certainly breaches this.
• In NSW, VIC, and QLD, you can request urgent repairs because this is a safety issue.
• If a landlord knew about previous fire damage and didn't disclose it, you may have grounds to claim the lease was entered into under misleading circumstances. In Victoria, this could breach section 30E of the Residential Tenancies Act 1997. In other states, general consumer law and misleading conduct principles apply.

What to do:

1. Don't disturb the structure further
2. Take photos and video with clear context (a ruler or measuring tape helps show scale)
3. Notify the landlord in writing, treat it as urgent
4. Pay for a building inspector if needed ($400-$800) - tribunals give significant weight to expert evidence
5. If the landlord fails to act, apply to your state tribunal for a repair order or termination

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Scenario 2: You Pull a Cupboard Away From the Wall and Find Mould or Rot

You're rearranging furniture and discover a dark patch behind a built-in cupboard. It's soft to touch. The plasterboard has disintegrated in spots. There's a musty smell.

What's happening? This is almost always a sign of an ongoing water leak or long-term condensation, not a one-off event. It means the property has a moisture problem that's been hidden, probably for months or years.

Your rights:

• Every state requires landlords to maintain premises in a reasonable state of repair
• Since 2020, NSW fitness for habitation standards explicitly require the property to be not subject to significant dampness and waterproof
• Since 2021, Victoria's minimum standards require the property to be free from damp and mould caused by the building's structure
• Since 2024, Queensland's minimum housing standards require properties to be weatherproof, structurally sound, and free of damp and mould (except where caused by the tenant)

What to do:

1. Document the extent of the damage with dated photos
2. Pay for a professional mould inspection if health symptoms are appearing. Reports typically cost $300-$800 and are strong evidence.
3. Notify the landlord in writing, request urgent repairs, and ask them to identify the source of the moisture
4. If you or anyone in the household develops respiratory symptoms, see a doctor and keep records
5. If repairs aren't done, apply to your state's tribunal for repair orders, rent reductions, and compensation

A note on rent reductions: NCAT has awarded 25% rent reductions in mould cases where the landlord breached their duty. In Bunbury v Fletcher [2015] NSWCATAP 194, the tenants received both the maximum $15,000 compensation and a 25% rent reduction for mould and damp caused by the building's structure.

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Scenario 3: You Spot What Looks Like Asbestos in the Roof

You're in the roof space running a cable and notice a broken grey fibrous sheet, or a flaking cement-like material. The house was built before 1990. You're worried it might be asbestos.

Important: You cannot identify asbestos visually. Many materials look similar. The only way to confirm is through laboratory testing. Do not disturb the material. Leave the roof space and close it up.

Your rights:

• In most states, landlords are not legally required to proactively test for asbestos in older homes
• However, landlords are required to maintain the property in good repair and keep it safe. Damaged or deteriorating asbestos-containing material generally fails that test.
• In NSW specifically, if the property is on the Loose-fill Asbestos Insulation Register, the landlord must disclose this and failure to do so lets you end the lease early without penalty
• In Victoria, if a landlord knew about asbestos and didn't disclose it when you asked before signing, they may have breached section 30E(3)(d) by inducing you into the lease with a misleading representation

What to do:

1. Stop any activity in the area
2. Notify the landlord in writing and request testing
3. The landlord is not legally required to pay for testing in most states, but they should arrange it given the safety implications. A typical asbestos test costs $50-$250 per sample.
4. If testing confirms asbestos and it's damaged or deteriorating, that's an urgent repair
5. If the landlord refuses to act, contact your state tenant advocacy service. In NSW, also consider contacting SafeWork NSW.
6. In serious cases, you can apply to your state tribunal for repair orders, temporary accommodation costs, or lease termination

Realistically: Intact, sealed asbestos in good condition is usually not a health risk. The risk arises when it's damaged, deteriorating, or disturbed. Most asbestos cases get resolved through professional remediation rather than lease termination.

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Scenario 4: Exposed Wiring or an Obviously Dodgy Switchboard

You open the switchboard to flip a tripped breaker and see burn marks, exposed copper, or a mess of cloth-wrapped wiring. Or you find a power point in the bathroom that wobbles when touched.

Your rights:

• Electrical hazards are universally classified as urgent repairs across all Australian states
• This is exactly the kind of situation where the landlord must act immediately
• If they don't, in most states you can arrange urgent repairs yourself (up to a prescribed limit) and claim reimbursement. In Victoria under section 72 of the Residential Tenancies Act 1997, you must give 7 days written notice of repairs and costs.

What to do:

1. Stop using the affected circuit or outlet
2. Notify the landlord in writing immediately, by phone as well if possible, and explicitly say it's urgent
3. If the landlord doesn't respond within a reasonable time (hours for serious electrical hazards), call a licensed electrician, make the situation safe, and claim reimbursement
4. Keep invoices and written records of everything

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Scenario 5: Pest Infestation Discovered After Moving In

A week in, you realise the place has termites, rodents, or cockroaches. There's visible evidence that pre-dates your arrival.

Your rights:

• Landlords are generally responsible for pest infestations that existed before the tenancy began, or that result from the building's condition (e.g. entry points, structural issues)
• Tenants are generally responsible for infestations caused by their own behaviour (e.g. leaving food out, not keeping the property clean)
• In Victoria, pest infestations are explicitly listed as urgent repairs in the definition in section 3 of the Residential Tenancies Act 1997

What to do:

1. Document evidence (termite damage, droppings, photos of pests, etc.)
2. If possible, show that the issue pre-dates your tenancy. The condition report and any listing photos can help.
3. Notify the landlord in writing and request pest control
4. If they refuse or delay, apply to your state tribunal

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Scenario 6: Ongoing Water Leak Causing Damage

You notice a damp patch on the ceiling that grows after rain. Or a slow leak under the sink that's been soaking the cabinet for some time.

Your rights:

• Water leaks are classified as urgent repairs in every state
• The landlord must act quickly to identify and fix the source
• You may be entitled to compensation for damaged belongings

What to do:

1. Document the leak and any damage to your possessions
2. If possible, contain the leak temporarily (a bucket, towels)
3. Notify the landlord as urgent, in writing
4. If the landlord doesn't act, you can arrange urgent repairs yourself up to the limit allowed in your state and claim reimbursement
5. Make a compensation claim at the tribunal for any damaged belongings

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The Common Thread: Document, Notify, Escalate

Across all of these scenarios, the process is the same:

1. Document. Dated photos, videos, written records, expert reports if warranted.

2. Notify in writing. Email or letter. Phone calls don't count for legal purposes. Include photos, describe the issue, state whether it's urgent, and set a deadline.

3. Escalate through the proper channels. If the landlord doesn't act, apply to the tribunal or dispute resolution body for your state. Don't take unilateral action like withholding rent.

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Can You Break the Lease?

This is the question that matters most to a lot of tenants. The short answer: it depends on the severity of the problem and your state.

NSW: Under section 109 of the Residential Tenancies Act 2010, you can give immediate termination notice if the premises become wholly or partly uninhabitable (unless you caused it). No break fee.

VIC: Under section 91ZW of the Residential Tenancies Act 1997, you can terminate if the rental provider fails to comply with a compliance order or repeats a breach. You can also terminate before moving in if minimum standards aren't met.

QLD: Under section 308 of the RTRA Act 2008, you can give a Notice of Intention to Leave (Form 13) on grounds of non-livability if the premises are partly or wholly unfit to live in. The notice must be given within 1 month of the event.

The common thread: the issue has to be serious enough to actually make the place unlivable or significantly unsafe. A leaking tap won't meet that bar. Exposed asbestos, structural damage, or severe mould likely will.

If your situation isn't severe enough for immediate termination, there's also the option of negotiating with the landlord for a mutual release from the lease. If they're refusing to do repairs and know they're in the wrong, they may prefer to let you leave rather than face a tribunal.

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State-by-State Quick Reference

New South Wales

• Act: Residential Tenancies Act 2010
• Tribunal: NCAT
• Urgent repairs timeframe: Landlord must act within a reasonable time, which for genuine urgent repairs is usually 24-48 hours
• Advocacy: Tenants' Union of NSW, local Tenants' Advice and Advocacy Services

Victoria

• Act: Residential Tenancies Act 1997 (as amended 2021)
• Tribunal: VCAT (bond, compensation, repairs, and rent disputes go to Rental Dispute Resolution Victoria first)
• Urgent repairs timeframe: Immediate action required
• Non-urgent repairs: 14 days
• Advocacy: Tenants Victoria, Consumer Affairs Victoria

Queensland

• Act: Residential Tenancies and Rooming Accommodation Act 2008
• First stop for disputes: Residential Tenancies Authority (free conciliation)
• Tribunal: QCAT
• Urgent repairs timeframe: Emergency repairs defined in s214 of the Act
• Advocacy: Tenants Queensland via QSTARS (1300 744 263)

Other States and Territories

The underlying framework is the same across all Australian jurisdictions. Landlords must provide a habitable property. Urgent repairs have tighter timeframes. Disputes go to a tribunal. Each state has a free tenant advocacy service that can walk you through the specific forms and deadlines.

State	Main Act	Tribunal	Tenant Advocacy
SA	Residential Tenancies Act 1995	SACAT	RentRight SA
WA	Residential Tenancies Act 1987	Magistrates Court	Tenancy WA
TAS	Residential Tenancy Act 1997	Magistrates Court / RT Commissioner	Tenants' Union of Tasmania
ACT	Residential Tenancies Act 1997	ACAT	Tenants' Union ACT
NT	Residential Tenancies Act 1999	NTCAT	Darwin Community Legal Service

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Key Takeaways

• You cannot legally stop paying rent, even if the property has serious issues. Use the tribunal process instead.
• Document everything from the moment you find the issue. Photos, videos, and written records form the backbone of any successful claim.
• Notify the landlord in writing with a clear deadline. Phone calls don't count.
• Urgent repairs (safety, structural, electrical, severe mould) have tighter timeframes and stronger remedies than general maintenance.
• Expert reports (building inspectors, mould assessors, asbestos testers) significantly strengthen your position.
• You can terminate the lease without penalty in genuine cases of uninhabitability, but the bar is high and the specific grounds vary by state.
• Free tenant advocacy services exist in every state. Use them early.

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References

• Residential Tenancies Act 2010 (NSW). Retrieved from https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-2010-042
• NSW Government. (n.d.). Mould in a rental property. Retrieved from https://www.nsw.gov.au/housing-and-construction/rules/mould-a-rental-property
• NSW Government. (n.d.). Breaking a fixed-term residential tenancy early. Retrieved from https://www.nsw.gov.au/housing-and-construction/rules/breaking-a-fixed-term-residential-tenancy-early
• Tenants' Union of NSW. (n.d.). Mould. Retrieved from https://www.tenants.org.au/factsheet-24-mould
• Tenants' Union of NSW. (n.d.). Asbestos and lead. Retrieved from https://www.tenants.org.au/factsheet-26-asbestos-and-lead
• Residential Tenancies Act 1997 (Vic). Retrieved from https://www.legislation.vic.gov.au/in-force/acts/residential-tenancies-act-1997
• Tenants Victoria. (n.d.). Repairs and maintenance (Private rental). Retrieved from https://tenantsvic.org.au/advice/common-problems/mould-and-damp/
• VCAT. (n.d.). Common residential tenancy issues and section numbers. Retrieved from https://www.vcat.vic.gov.au/case-types/residential-tenancies/common-disputes-and-section-numbers
• Asbestos Victoria. (n.d.). For tenants. Retrieved from https://www.asbestos.vic.gov.au/in-the-home/for-tenants
• Residential Tenancies and Rooming Accommodation Act 2008 (Qld). Retrieved from https://www.legislation.qld.gov.au/view/whole/html/current/act-2008-073
• Tenants Queensland. (n.d.). Tenants affected by mould. Retrieved from https://tenantsqld.org.au/factsheets/tenants-affected-by-mould/
• Real Estate Institute of Queensland. (2022). How to break the mould in rental properties. Retrieved from https://www.reiq.com/articles/how-to-break-the-mould-in-rental-properties/
• Queensland Civil and Administrative Tribunal. (n.d.). Residential tenancy disputes. Retrieved from https://www.qcat.qld.gov.au/case-types/residential-tenancy-dispute-process/residential-tenancy-disputes
• Asbestos Safety and Eradication Agency. (2025). Disclosure of asbestos in residential property. Retrieved from https://www.asbestossafety.gov.au

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