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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
Could damages be claimed? what would be required to claim damages? Are there precedents?
I'm mostly interested in Australia
Yes
There are two possible channels for this: breach of contract or the tort of negligence.
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.
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.
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.
