liability rental-property australia
Is it possible for a tenant to sue a land lord for harm caused by mold
<p>Take a case where the mould is caused by an identifiable maintenance issue such as a leaky pipe . The tenant does everything they can to minimise the harm done by the mould. But health issues are caused by the mould</p>

<p>Could damages be claimed? what would be required to claim damages? Are there precedents?</p>

<p>I'm mostly interested in Australia</p>

<p><strong>Yes</strong></p>

<p>There are two possible channels for this: breach of contract or the tort of negligence.</p>

<p>In both cases you would need to prove that the mould was the cause (in a scientific sense) of the damage suffered and the quantum of the damage.</p>

<p>For breach of contract you would need to prove that the landlord failed to discharge their obligations under the contract and that caused (in a legal sense) the damage.</p>

<p>For negligence, you would need to prove the landlord owed the tenant a duty of care, that they negligently breached that duty and that caused (in a legal sense) the damage.</p>
