If you’re worried about losing part of your deposit due to mould damage, this tenant guide to challenging mould deposit deductions will help you understand your rights, prepare your case, and respond effectively to your landlord. While mould is a serious issue, it’s not always the tenant’s fault. By knowing what to look for and how to act, you can avoid unfair deductions and protect your money. If you’re facing deposit deductions or uncertainty about your rights, The Tenant Protection Scheme (TPS) is your first point of contact for legal guidance and support.
Tenant Guide to Challenging Mould Deposit Deductions: What Every Renter Should Know
Mould in a rented property can cause disagreements when moving out, especially if your landlord claims it was your responsibility. However, not all mould is caused by tenants. In many cases, it develops due to underlying issues like poor ventilation, rising damp, or structural faults. As a tenant, you have a legal right to dispute any deposit deductions you believe are unjustified.
The deposit you paid at the start of your tenancy is protected by a government-backed scheme. This ensures that any deductions must be fair, and that you have access to a free dispute resolution process if you disagree with the landlord’s claims.
Understanding When Mould Is Not Your Fault
Many tenants are surprised to learn that landlords are usually responsible for preventing damp and mould caused by structural issues. For example:
- If windows don’t open properly, limiting airflow, mould may not be your fault.
- If there’s a leak in the roof or pipes that creates damp patches, the landlord must fix it.
- If there’s no extractor fan in the bathroom or kitchen, this can contribute to avoidable mould growth.
In contrast, leaving windows closed constantly or drying wet clothes indoors without ventilation may be considered tenant behaviour that contributes to mould. The context matters, so both parties need to provide evidence to support their position.
Key Steps to Challenge Mould Deposit Deductions
- Ask for a full breakdown of deductions. Your landlord must provide a clear list detailing what they’re deducting, and why. You’re entitled to question any unclear or disputed charges.
- Gather your evidence early. Take date-stamped photos of any mould before moving out. If you already reported the issue during your tenancy, find copies of emails or texts that show you’ve raised it and what action, if any, was taken by the landlord.
- Show you took reasonable care. Keep any proof that you ventilated the property, used a dehumidifier, or kept the heating on in cold months. This helps counter claims that you caused the mould by neglect or lifestyle choices.
- Use your check-in and check-out reports. These documents can show if the mould existed before your tenancy started, which helps shift responsibility away from you.
- Initiate a dispute via the deposit scheme. If you can’t resolve it with your landlord directly, approach the tenancy deposit scheme. Each scheme provides a dispute resolution service that reviews both sides’ evidence and makes a binding decision.
Tips for Gathering Evidence and Strengthening Your Case
Start early, ideally from the day you move in. Keep a written log of any maintenance issues and how your landlord responded. When it comes to mould, timing can show whether it developed before or during your time in the property.
If mould appeared despite your best efforts to prevent it, a qualified damp survey or an inspection report from a repair specialist can support your case. If the report shows the property had inadequate ventilation or rising damp, this makes deposit deductions harder for your landlord to justify.
You should also request a copy of the landlord’s inspection report taken at check-out. Carefully compare this to your move-in inventory and photos. Highlight anything that seems contradictory or inaccurate.
What Happens If You Don’t Challenge Unfair Mould Deductions?
Letting unfair deductions slide might seem easier than going through a dispute, but it can cost you hundreds of pounds. Not only are you losing money, but your landlord may feel emboldened to do the same with future tenants.
Worse still, in some cases, allegations about poor property upkeep may harm your tenancy reference. It’s in your best interest to respond reasonably but firmly when you believe a mould deduction is unfair.
Escalating Your Complaint When Landlord Won’t Budge
If your landlord refuses to negotiate or provide evidence, escalate the issue through the tenancy deposit protection scheme. To do this, you must contact the scheme within 90 days of the end of your tenancy. Each scheme has an online portal where you can upload your evidence and explain your position clearly. The process is free to use and typically takes a few weeks to resolve.
If you weren’t given details of the deposit scheme, that’s a potential legal breach. You may be entitled to compensation of up to three times the deposit amount. In such cases, get legal advice before taking further steps.
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).
Overall, just remember: tenants have rights, especially when deductions are based on issues that weren’t their fault. With the right preparation and approach, you can make a strong case and protect your deposit.
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.