Challenging unfair deposit deductions for mould damages can feel both frustrating and intimidating, especially if you’re unsure whether the issue was even your responsibility. But many tenants face this problem at the end of their tenancy, and knowing your rights can make all the difference. If you’ve been unfairly charged for mould or damp-related damage, you may be entitled to a refund of those deductions. The Tenant Protection Scheme (TPS) offers tenants practical and legally backed support to challenge these deductions effectively.
Your Rights When Challenging Unfair Deposit Deductions for Mould Damages
In the UK, your landlord is responsible for keeping your rented home safe and in good repair. This includes managing structural issues and ensuring there’s adequate ventilation to prevent mould. According to the Housing Health and Safety Rating System (HHSRS), mould caused by poor building maintenance is the landlord’s responsibility, not yours, unless you contributed to it through poor ventilation or not reporting the issue.
Deposit deductions should only be made for tenant-caused damage or neglect. If mould developed due to structural problems like leaking pipes or insufficient insulation, then landlords can’t legally deduct your deposit for cleaning or repairs. Knowing this is crucial if you’re planning to dispute a charge.
What Causes Mould – And Who’s Responsible?
Mould often forms in rental properties because of condensation, rising damp, or water leaks. Here’s how to tell who may be liable:
- Condensation: Can be tenant-caused if windows are never opened, bathrooms not ventilated, or clothes dried indoors without airflow.
- Rising damp or structural leaks: These are building issues that are typically the landlord’s duty to repair.
- Lack of extractor fans or insulation: If your home doesn’t have the right features to reduce moisture, that’s the landlord’s responsibility.
If you raised concerns about damp or mould during your tenancy and the landlord didn’t act, you’re in a strong position. Keep records of emails or letters you sent and take dated photos of any damage. This evidence could be vital later on.
Steps to Challenge a Deposit Deduction Over Mould
- Review your tenancy agreement: Look for details about your responsibilities for mould prevention, ventilation, and cleanliness. If you followed these terms, that supports your case.
- Check the deposit protection scheme: Your deposit should be held in a government-approved scheme like TDS, DPS, or MyDeposits. These schemes offer a free dispute resolution service if you and your landlord disagree.
- Gather your evidence: Include dated photos, email threads, maintenance requests, and a copy of your move-in inventory. Anything that shows when you reported the mould or what condition the property was in will help.
- Write to your landlord: Clearly explain why you believe the deduction is unfair. Attach your evidence and give them a chance to respond or reconsider the charge.
- Start a formal dispute: If your landlord doesn’t budge, contact the deposit protection scheme and request adjudication. Most schemes require a dispute to be raised within 3 months of the tenancy ending.
During adjudication, an independent specialist will review both sides and any evidence to make a fair judgement. The landlord must prove that you caused the mould or failed to report it in time. If they can’t prove your responsibility, the money should be returned to you.
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 Ignoring the Problem Can Cost You
Letting unfair charges slide may seem like the easy route, but keep in mind that being wrongly penalised could cost you hundreds of pounds. It also sets a precedent that landlords can act without challenge, which isn’t helpful for future tenants. Plus, resolving these issues doesn’t require a solicitor in most cases, so it’s worth taking the time to speak up.
You should also act quickly. If you wait too long after your tenancy ends, you may lose the right to dispute through the protection scheme. The typical deadline is within three months after you vacate the property, so don’t delay.
Tips to Avoid Deposit Disputes Over Mould
- Report problems quickly: Notify your landlord in writing the moment you spot damp or mould.
- Take photos regularly: Especially before and after your tenancy. This helps document the property’s condition.
- Follow good ventilation habits: Open windows, use extractor fans, and don’t block air vents.
- Keep a communication trail: Save every email or text where you’ve contacted your landlord about repairs or moisture.
While prevention is your best defence, having a record of responsible behaviour can shield you from wrongful deductions later.
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.