Perth rental advertised with 'rising damp' caveat prompts scrutiny over landlord obligations

A Perth rental listing that openly warns of "rising damp throughout the whole property that will not be getting attended to" has drawn criticism and renewed attention to landlord disclosure and habitability rules in Western Australia.

Saraceni Real Estate listed the three-bedroom, one-bathroom home in Middle Swan for $600 a week, describing it as a "spacious family home" close to shops, restaurants and local schools. The listing’s second paragraph, however, included a caveat telling prospective tenants to "do your own check if it will have/cause any health risks for you and anyone that would be living with you."

Phillip Saraceni, the Saraceni Real Estate agent handling the listing, said the rising damp was first identified in 2021 when paint began bubbling at the base of a skirting board. He said the owner had sought to address the issue, but the tenant at the time refused to vacate, preventing remedial work. Saraceni said the agency had contacted the Department of Local Government, Industry Regulation and Safety (DLGIRS), which advised that, provided there was no black mould, it was left to tenants to decide whether to live in the property.

"We present conditions to the tenant prior to applying. That way they can make their own decision," Saraceni told news.com.au. He said the agency had received six registrations of interest since the home was listed on Thursday.

The listing and the agent’s disclosure quickly drew critical online reactions. In a Facebook group titled Don't Rent Me, commenters condemned the decision to advertise the home with an explicit warning about damp and potential health risks. "For the low price of $600 a week you can have the chance to live with potential mould and health hazards… spacious family home with enough room for everyone to get sick," one user posted. Others described the listing as "disgusting" and questioned how it could be permitted.

Consumer Protection WA reiterated the state’s obligations for rental properties, pointing to the Residential Tenancies Act 1987 (WA). A spokesperson told Daily Mail that tenants are entitled to expect a rental property to be free from pests and vermin, reasonably clean and in good repair at the start of a tenancy, and that landlords are legally required to ensure properties are safe and suitable for habitation. The spokesperson added that property managers must disclose all material facts before listing a property and that it is unlawful to limit responsibilities under the RTA through contract terms or advertising. Tenants concerned about rising damp or maintenance issues were encouraged to lodge a complaint with Consumer Protection.

The DLGIRS guidance cited by the agent does not appear to override statutory repair obligations; rather, it reflects an assessment of immediate health risk when specific hazards such as black mould are absent. Legal obligations to maintain a property in a reasonable state of repair remain the responsibility of landlords under the RTA, subject to the circumstances of individual tenancies.

Industry observers say the listing highlights tensions in the rental market between disclosure, tenant choice and landlords’ repair obligations. Rising damp, if untreated, can lead to structural deterioration and create conditions conducive to mould growth, which has both health and property implications. The agent maintains the problem is stable and not worsening, while prospective tenants must weigh the disclosed condition when deciding whether to apply.

An inspection of the home is scheduled for Sept. 26, and the property is listed as available from Oct. 7. Daily Mail and the agent said inquiries were ongoing. Consumer Protection WA and DLGIRS contact points were offered to renters seeking to raise complaints or request guidance on whether a property meets minimum standards.

Daily Mail reported that attempts to reach Saraceni Real Estate for further comment were ongoing. The case underscores regulatory and market frictions as renters seek safe, habitable accommodation and landlords manage repair obligations in a tight housing market.