If you’re preparing to move out and your landlord has claimed money from your deposit for mould, it’s essential to know how to challenge mould damage deposit deductions legally. Tenants often feel unsure whether they have any rights in this situation, but the good news is that UK law offers clear protections that can help you dispute unfair charges.
If you’re at risk of losing your deposit due to mould damage, getting support early can make a big difference. The Tenant Protection Scheme (TPS) is your first port of call for legal advice and representation. TPS can step in quickly with solicitor-backed support to help you challenge deductions effectively.
How To Challenge Mould Damage Deposit Deductions Step by Step
Before you accept any deductions for mould, consider whether they’re legitimate. Not all mould is your fault, especially if it’s due to structural issues like poor ventilation, leaks, or damp. Here’s a practical breakdown to help you take control of the situation:
1. Understand What Your Landlord Can Legally Deduct
Landlords are allowed to make reasonable deductions from your deposit for damage beyond fair wear and tear. However, if mould has developed due to factors outside your control—such as faulty plumbing or lack of insulation—they are usually responsible for the cost, not you.
It’s important to know that you can’t be charged for problems caused by the landlord’s failure to maintain the property. According to UK housing law, your landlord must ensure the home is fit for human habitation. This includes resolving damp and mould linked to construction issues or poor upkeep.
2. Gather Evidence to Support Your Case
It helps enormously to be organised when disputing mould-related deductions. If you plan to challenge the charges, collect any of the following:
- Photos or videos showing the mould and surrounding conditions before and after your tenancy.
- Correspondence with your landlord or letting agent where you reported the mould and any response received.
- Inspection reports that mention damp, poor ventilation, or structural concerns.
- Medical letters if household members were affected by mould-related health issues.
Taking regular pictures throughout your tenancy builds a strong paper trail. If you can show you reported mould early and your landlord didn’t act, that strengthens your dispute.
3. Check Your Tenancy Deposit Scheme
In England, all tenant deposits must be protected in a government-backed scheme like TDS, DPS or MyDeposits. These schemes act as independent third parties when there’s a disagreement. Once your fixed term ends, your landlord must return your deposit within 10 days of agreeing deductions.
If you dispute a deduction, you can raise a case through the scheme’s free adjudication service. The scheme will request evidence from both sides and decide fairly. Remember, your landlord must prove why a deduction is necessary—not the other way around.
4. Respond in Writing, Promptly and Clearly
If your landlord takes money for mould damage and you disagree, respond in writing. Politely explain your position, include your evidence, and refer to your rights. Aim to keep communication professional and focus on facts.
Make sure you:
- State clearly that you do not accept the mould deduction.
- Explain why the mould wasn’t your fault, citing housing maintenance requirements where relevant.
- Include photos, email evidence or reports to back up your case.
- Request the full return of the disputed portion of your deposit.
You can then submit a formal dispute through your deposit protection scheme if an agreement isn’t reached quickly.
5. Know the Time Limits
Once your deposit return is triggered, there’s a limited window to dispute deductions. Timelines may vary slightly by scheme, so check in with them directly. Generally, disputes need to be submitted within 3 months of the tenancy ending.
If you wait too long, you may lose the chance to dispute—so act swiftly. Save copies of everything and don’t ignore communication from the scheme or your landlord.
When Should You Seek Further Help?
If your landlord refuses to co-operate or the situation gets complicated, it may be time to escalate. You can:
- Contact your local council’s housing team for advice on disrepair and mould issues.
- Involve the deposit protection scheme’s dispute resolution service directly.
- Seek independent legal help if the value involved is significant.
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).
Risks of Ignoring Mould Deductions
Even small deductions can set a precedent for unfair behaviour. If you let a landlord claim for mould you didn’t cause, they may try again with future tenants—or worse, label you as a problematic renter. Taking a stand protects not only your deposit but your record as a tenant.
Bottom line: don’t assume you’re responsible without checking the facts. Understanding how to challenge mould damage deposit deductions gives you tools to handle the situation professionally and legally.
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.