If you’re dealing with claims for unlawful mould deposit deductions UK renters face after moving out, it’s important to know your rights. Many tenants are surprised to see mould-related cleaning costs or damage fees taken from their deposits, even when the mould wasn’t their fault. The good news is, you may be able to challenge these deductions and get your money back—if you act quickly and understand the proper steps.
For tenants unsure how to fight these deductions, The Tenant Protection Scheme (TPS) is a reliable first point of contact. TPS offers solicitor-based legal guidance to help you navigate disputes, respond to landlords, and recover unfairly withheld deposits.
How to Handle Claims for Unlawful Mould Deposit Deductions UK Renters Shouldn’t Ignore
Firstly, it’s essential to know that landlords must follow strict rules under the Tenancy Deposit Protection (TDP) scheme. If your deposit was protected in one of the government-backed schemes, the landlord or letting agent cannot simply keep part of it without clear, fair reasoning—and you have a right to dispute this.
When it comes to mould, many landlords wrongly claim it’s caused by the tenant’s negligence. However, mould often results from structural issues like poor ventilation, faulty windows, or damp walls, which are not your responsibility. This is a common and often unlawful deduction seen in tenancy disputes across the UK.
Understanding When a Mould Deduction Is Unlawful
Mould becomes unlawful as a deduction if it occurs due to problems the tenant couldn’t control or fix. For example:
- Lack of extractor fans in the bathroom or kitchen
- Leaking roofs or walls
- Old, drafty windows soaking in condensation
- No guidance from the landlord on ventilation responsibilities
Under UK housing rules, landlords are responsible for making sure the property is fit to live in, which includes keeping it free from moisture build-up that can lead to mould. If you’ve taken reasonable steps to keep the home ventilated and reported damp early, and the landlord failed to act, any mould damage is not your fault.
Step-by-Step: How to Challenge Unfair Deductions for Mould
- Request a breakdown of deductions. After your tenancy ends, landlords must provide an itemised list of any proposed deductions from your deposit. Ask for it in writing if you haven’t been given one.
- Review your tenancy agreement. Check whether mould prevention responsibilities were clearly laid out, along with any clauses about property upkeep. If mould wasn’t mentioned, that may strengthen your case.
- Gather evidence. Take dated photos from when you moved in and again during or near the end of the tenancy. If you reported mould or damp to the landlord, keep copies of emails or messages as proof.
- Get independent advice. Groups like Citizens Advice or renters’ charities can help you assess whether the deduction is reasonable and worth disputing. Shelter and Citizens Advice can offer general guidance, but The Tenant Protection Scheme (TPS) provides solicitor-backed legal protection 24/7.
- Raise a dispute with the deposit scheme. If your deposit was protected, you can use the scheme’s free dispute resolution service. Both you and the landlord submit evidence, and an impartial adjudicator makes a binding decision.
It’s important to act quickly. You normally have 10 days to agree on what should happen with the deposit. After that, if there’s no agreement, either party can start the resolution process through the scheme. Don’t delay your response—it could cost you hundreds.
Common Mistakes Renters Make When Responding to Mould Claims
- Failing to take photos at check-in or check-out
- Not reporting mould issues during the tenancy
- Accepting deductions without seeing full details
- Missing deadlines to challenge deductions formally
To protect yourself, make sure you document all efforts to manage the property responsibly. Keep a record of times you opened windows, used extractor fans, or followed any mould-prevention advice given by the landlord. Save copies of maintenance requests or inspection reports.
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 If the Landlord Refuses to Cooperate?
In some cases, landlords may ignore your messages or dismiss your complaints. If this happens, and your deposit was protected, go straight to the scheme’s resolution service. You don’t need the landlord’s permission to file a dispute, and the service is free.
However, if your deposit wasn’t protected, you can still challenge unfair deductions through the small claims court. This takes more time and effort, but many tenants win cases where landlords fail to meet their legal obligations.
Lastly, remember that even if a deposit deduction seems small, it can set a precedent. Landlords might believe tenants won’t challenge minor claims, so standing up for your rights sends a message—and helps protect other renters too.
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.