Navigating mould deductions in UK rental deposits can be frustrating, especially when you feel the damage wasn’t your fault. Many tenants are surprised to find part of their deposit withheld for issues related to mould and damp when they move out. Understanding your rights and responsibilities is key to avoiding unfair deductions and knowing how to challenge them if needed.
If you’re at risk of mould-related deductions or facing an ongoing dispute, The Tenant Protection Scheme (TPS) can help. TPS offers solicitor-backed support specifically for deposit disputes, helping tenants take action quickly and confidently.
Tenants’ Rights When Facing Mould Deductions in UK Rental Deposits
Under the Housing Act 2004, your landlord is responsible for keeping the structure of the property in good repair, including ensuring the home is free from serious damp and mould. However, when it comes to deposit deductions, landlords may argue that mould is due to how a tenant has used the property, such as poor ventilation or not reporting issues promptly.
The key question is whether the mould was caused by a structural issue or tenant behaviour. Landlords cannot fairly deduct from your deposit for problems that weren’t your fault and were not within your control to fix.
How to Contest Mould Deductions in UK Rental Deposits
If your landlord claims part of your deposit for mould damage that you believe was unfair, here’s how to respond:
- Review the tenancy agreement: Check what it says about your responsibilities for ventilation and reporting maintenance issues. Most agreements require tenants to report mould quickly but do not make them liable for structural causes.
- Compare the check-in and check-out reports: These inventories provide evidence of the property’s condition at both the beginning and end of your tenancy. Look for any mention of pre-existing mould.
- Gather your own evidence: Photos taken during your tenancy, emails where you reported mould, or communications with your landlord or letting agent can all support your case.
- Raise a dispute through a deposit protection scheme: If your deposit is protected (as required by law for assured shorthold tenancies), you can challenge deductions via the scheme’s free dispute resolution service. The three main schemes in England and Wales are the Deposit Protection Service (DPS), Tenancy Deposit Scheme (TDS), and MyDeposits.
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).
Common Reasons for Mould Problems and Who’s Responsible
Most mould issues stem from poor ventilation, leaks, or insulation problems. Landlord responsibilities typically include:
- Fixing roof or gutter leaks
- Ensuring windows open and close properly
- Providing adequate ventilation systems in kitchens and bathrooms
As a tenant, you’re expected to:
- Use extractor fans if provided
- Open windows regularly to reduce moisture
- Report any signs of damp or mould quickly in writing
If you’ve done all of this and the mould still spread, it likely points to a structural or maintenance issue, which is the landlord’s responsibility. In this case, deductions from your deposit may be unfair.
Timelines and Deadlines You Should Know
Once you leave the property, your landlord has 10 days to return your deposit or explain any proposed deductions. If you disagree, notify the deposit scheme promptly. Most schemes allow around 3 months to raise a dispute, but it’s better to act sooner while evidence is fresh.
Keep in mind, once the deposit is returned and you’ve accepted the sum formally, your ability to dispute later is limited.
What If the Mould Claim Seems Unreasonable?
If you feel the deduction is being made unfairly, you’re not alone. Many tenants successfully challenge these claims if they provide good supporting evidence. Try the following steps:
- Email your landlord to explain why you believe the deduction is unjust and include any photos, correspondence, or witness statements
- Ask them for evidence supporting their claim that the mould was your fault
- If they won’t budge, raise a formal dispute through the tenancy deposit scheme
The scheme’s adjudicators are independent and will look at both sides. If the landlord can’t prove their claim, the money will be returned to you.
Tips for Preventing Mould Disputes in the Future
Preventing mould issues is far easier than arguing about deposit deductions later. Here are steps to help protect yourself:
- Take date-stamped photos at the start and end of the tenancy
- Report any mould, damp, leaks or poor ventilation in writing, preferably by email
- Keep all responses from the landlord for future reference
- Ventilate your home daily and don’t dry clothes indoors if possible
When renting, being proactive and keeping a paper trail will give you the strongest defence in case of disputes.
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.