If you’re a renter dealing with mould and your landlord is trying to deduct money from your deposit, knowing how to challenge landlord mould damage deposit deduction in Wales is essential. Many tenants don’t realise that not all mould is their fault, and unfair deductions can and should be contested. If you’re unsure where to turn, The Tenant Protection Scheme (TPS) offers direct legal guidance to help you act quickly and confidently.
How To Challenge Landlord Mould Damage Deposit Deduction Wales – Know Your Rights First
In Wales, your tenancy deposit must be protected in a government-approved deposit protection scheme. The law says that if your landlord wants to withhold any of your deposit, they must justify it with clear evidence. If mould appeared during your tenancy, they cannot automatically blame you, especially without proving you’re responsible.
For tenancies in Wales, the Renting Homes (Wales) Act 2016 covers your rights. Under this law, landlords have a duty to keep the property in a livable condition. This includes dealing with damp, leaks and structural issues that often lead to mould. If your landlord failed to keep the home in good repair, you may not be liable for the mould at all.
Steps for Tenants: How to Challenge Landlord Mould Damage Deposit Deduction Wales
- Check your deposit protection scheme
First, confirm that your deposit was correctly protected. You should have received confirmation after paying your deposit. If you didn’t, your landlord may already be in breach of legal responsibilities. - Review the tenancy agreement and inventory
Look for any clauses about mould or property care. Compare the check-in and check-out inventory reports (with photos if available) to spot differences. These documents are key in deciding who’s responsible. - Examine the cause of the mould
Was the mould caused by poor ventilation, a leak behind the wall, or rising damp? Tenants are often wrongly blamed for moisture problems that stem from poor property maintenance. If the building fabric is at fault, the landlord may be liable. - Collect your evidence
Take dated photographs of the mould, keep communication records with your landlord or letting agent, and if possible, get an independent inspection report. Evidence is essential when disputing the deduction. - Respond to the proposed deduction in writing
If your landlord or letting agent notifies you they intend to deduct from your deposit, reply in writing. Clearly state why you disagree, referencing specific evidence. Keep your tone reasonable but firm. - Use the deposit protection scheme’s dispute service
Each scheme offers a free Alternative Dispute Resolution (ADR) service. You must raise your dispute within a set time frame, usually 10 to 14 days after being notified of proposed deductions. Submit all supporting documents and evidence when you apply.
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 Tenant Mistakes to Avoid
- Ignoring early signs of mould – Always report mould promptly. Your landlord is responsible for acting on repair issues once notified.
- Not documenting everything – If you haven’t reported mould in writing or taken photos, your position may be harder to argue.
- Letting deadlines lapse – Disputes must be raised quickly. Once the deposit is returned with deductions, it becomes harder to contest.
When the Landlord Might Be Right
If the mould was clearly caused by a tenant’s actions, such as covering vents or not using extractor fans, there may be fair reason for a partial deduction. However, landlords must still prove this with evidence, not just claim it without support.
What If the Dispute Doesn’t Get Resolved?
If you and the landlord remain in disagreement after using the ADR service, you still have options. You can take the issue to a small claims court, although this route may involve court fees and time. Always try the deposit scheme’s process first, as it is designed to resolve issues without going to court.
Helpful Tips to Strengthen Your Case
- Keep a log of all maintenance reports during the tenancy
- Ask a council Environmental Health Officer to inspect if the property has ongoing damp or mould issues
- Speak to neighbours – If others in the building have similar issues, it may support your claim that it’s a structural problem
Most importantly, don’t feel pressured to accept deductions you’re not sure about. You have the legal right to challenge them and to have your side of the story considered fairly.
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.