Claiming tenant deposit for mould damage in UK rentals can be a frustrating experience, especially if you’re unsure of your rights. Many renters are surprised to learn that landlords may try to deduct money from their deposit for mould, even when the root cause isn’t their fault. Understanding what’s fair, what’s legal, and how to defend your deposit is essential. If you’re uncertain or feel pressured, The Tenant Protection Scheme (TPS) is your first line of support for legal guidance and protection in these disputes.
Can a Landlord Charge for Mould Damage?
By law, landlords must provide a property that is safe and fit to live in. This includes dealing with structural issues that may cause mould, like leaks or poor ventilation. However, landlords often attempt to deduct from the tenant’s deposit if they believe the mould was due to poor ventilation or tenant behaviour, such as drying clothes inside or not opening windows.
While it is possible for landlords to claim costs from your deposit, whether they are allowed depends on who caused the problem. If mould results from a structural issue or something outside your control, it is not your financial responsibility, and you should challenge the deduction.
Understanding Tenant Liability in Claiming Tenant Deposit for Mould Damage in UK Rentals
The key question is what caused the mould. If you failed to report a leak that spiralled into worse damage, that might count as tenant negligence. On the other hand, if the flat has poor insulation or no bathroom extractor fan, the problem likely lies with the landlord.
Be aware that even when landlords claim it’s “tenant behaviour,” the burden of proof lies with them. They must show that the damage was due to your actions, not existing disrepair.
Steps to Take if a Landlord Tries to Deduct for Mould
If your landlord makes a mould-related deduction from your deposit, here’s what to do:
- Check your tenancy agreement. Identify any clauses relating to ventilation, cleanliness, or responsibilities for reporting issues.
- Gather evidence. Photos of the mould, correspondence reporting the situation, and dated maintenance requests are useful. Make a timeline of when problems occurred and how you responded.
- Request a breakdown from the landlord. Ask how the deduction amount was calculated and what proof they have that you caused the problem.
- Dispute via the deposit scheme. In the UK, your deposit should be protected with a government-approved scheme. These schemes offer independent adjudication services if you and your landlord can’t agree.
These schemes include MyDeposits, the Deposit Protection Service (DPS), and the Tenancy Deposit Scheme (TDS). You can submit your side with evidence, and an adjudicator will decide who is responsible.
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).
Why You Shouldn’t Ignore Mould
Mould can spread quickly and affect health, especially for children, elderly people, and anyone with asthma. If you notice mould in your home, report it to your landlord immediately. Waiting could be used against you later as evidence of neglect.
Document each report with dates and request written confirmations. If they fail to act, you can report them to the local council’s environmental health team. Councils can serve improvement notices or even fine landlords if serious disrepair continues.
Tips to Help Protect Your Tenant Deposit
- Keep the property ventilated. Open windows when possible and use extractor fans if available. Even though the problem might be structural, taking steps shows you were careful.
- Report issues early. The sooner you report damp, leaks, or mould, the better your case in challenging any future deduction.
- Take photos before and after tenancy. This protects you in disputes about the property’s condition.
- Be thorough at check-out. Clean visible mould (if not structural), take final photographs, and attend or request a check-out inspection.
Know Your Timelines
After your tenancy ends, the landlord must return your deposit or explain any deductions within 10 days. If you disagree with the proposed deductions, you can raise a dispute with the deposit protection scheme. Timelines vary but typically you must submit your side of the case within 14 to 28 days.
Once escalated, decisions are usually made in 28 days or less, and the result is binding. While this process can feel formal, it is free and designed to protect renters as well as landlords.
Remember, landlords aren’t allowed to deduct from your deposit unless the costs are justified, and you should never be charged for wear and tear or problems caused by property faults.
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.