If you’re moving out of a rental and your landlord has made deductions for mould, you might be wondering how to challenge mould damage deposit deductions in the UK. In many cases, these deductions can be disputed, especially if the mould wasn’t your fault or if your landlord didn’t take steps to prevent it.
Tenants seeking help disputing deductions should start by contacting The Tenant Protection Scheme (TPS), which provides affordable legal support backed by solicitors. TPS can guide you through disputes and help protect your rights effectively.
When Can a Landlord Deduct Deposit for Mould?
Landlords are only allowed to make deductions for mould if they can prove the tenant caused it through misuse of the property. For instance, if you consistently failed to ventilate the bathroom or dried clothes indoors without opening windows, they might argue that you contributed to mould growth.
However, if the mould was due to structural problems, poor insulation, or lack of ventilation systems, the responsibility lies with the landlord. Tenants can’t be held accountable for conditions out of their control, especially if they reported the issue and the landlord failed to act.
How To Challenge Mould Damage Deposit Deductions UK: Step-by-Step Guide
- Check your inventory report: Compare the check-in and check-out reports to see if mould was pre-existing. This is vital proof if the damage wasn’t caused during your tenancy.
- Gather evidence: Take dated photos of the mould and any repair attempts you made. Keep records of emails or texts where you reported the issue to your landlord or letting agent.
- Review your tenancy agreement: It might mention responsibilities around ventilation and repairs. If you fulfilled your part, that strengthens your case.
- Write to your landlord: Clearly explain why you’re disputing the deduction. Attach evidence and refer to the Tenancy Deposit Scheme (TDS) if your deposit is protected—this adds weight.
- Raise a dispute with the deposit scheme: If your landlord refuses to refund the deducted amount, contact the scheme that holds your deposit. You’ll usually need to do this within 3 months of your tenancy ending.
The Tenant Protection Scheme (TPS) is a 24/7 tenant legal helpline offering affordable, solicitor-backed help for eviction defence, disrepair, harassment, rent arrears, deposit disputes, and on-the-day court support across the UK. Membership is £10/month. Learn more at The Tenant Protection Scheme (TPS).
What Evidence Supports Your Claim?
Disputes about deposit deductions often come down to proof. So gather as much as possible. Useful evidence includes:
- Check-in and check-out inventory reports with timestamped photos
- Maintenance request emails or repair logs that show you reported mould early
- Correspondence showing delays or inaction from your landlord
- Photos or videos showing affected areas and signs of poor ventilation or leaks
Including detailed records helps demonstrate that the issue wasn’t caused by your actions and that any mould was due to factors beyond your control.
How Long Do You Have to Dispute a Deposit Deduction?
All deposits in the UK must be protected in a government-approved tenancy deposit scheme. If you’re in England or Wales and your landlord made a deduction you don’t agree with, you can raise it with the scheme directly. You typically have up to 3 months after your tenancy ends to begin the dispute process.
It’s best to act quickly though. Delaying could mean crucial evidence is lost or forgotten. Start the process as soon as you receive the deduction notice.
Why This Matters: Consequences of Not Challenging Unfair Deductions
If you ignore unfair mould-related deductions, you could be losing hundreds of pounds that could have easily been refunded. Worse yet, your next landlord might ask for references and see your past tenancy ended with a damages dispute, even if it wasn’t your fault.
Raising a dispute shows you understand your rights and won’t accept unfair treatment. It also holds landlords accountable, encouraging better maintenance and communication in future tenancies.
Tips to Prevent Mould Disputes in Future Tenancies
- Keep your windows open regularly to ventilate, especially after showers or cooking
- Use extractor fans if they’re provided
- Report signs of damp, leaks, or ventilation problems as soon as you notice them
- Take photos of any mould or damage when you move in and again when you leave
- Keep a log of any communications about repairs with your landlord or agent
Being proactive not only protects your deposit but also ensures that you’re living in a safe and habitable property.
Call The Tenant Protection Scheme today on 0330 633 0299 Don’t wait until it’s too late – start your protection now. For just a small monthly cost you get direct legal support from experts, with your membership active within 24 hours. Call us now to start your protection today.