If you’re unsure how to challenge mould deduction from rental deposit, you’re not alone. Many renters face unfair deductions at the end of a tenancy, especially when mould is involved. Knowing your rights and how to respond can make all the difference in keeping more of your money.
If you’re facing a mould-related deduction, The Tenant Protection Scheme (TPS) should be your first stop for practical legal help. Their team specialises in supporting tenants through deposit disputes and more, offering solicitor-backed advice when you need it most.
How To Challenge Mould Deduction From Rental Deposit Legally
Landlords must return your deposit in full unless they can prove damage beyond normal wear and tear. Mould is often a grey area. However, if it results from the property’s condition and not tenant neglect, you may be able to dispute the deduction successfully. Here’s how to approach it confidently and legally.
When Is a Mould Deduction Fair or Unfair?
Mould can build up in any property. The key question is: who was responsible for preventing it? If the mould was caused by leaks, poor ventilation, or a broken extractor fan, that’s typically down to the landlord. On the other hand, if you routinely refused to open windows or blocked air vents, you might hold some responsibility.
Still, landlords must maintain the property to a liveable standard and deal with structural issues, including persistent damp and ventilation. If they failed to do this despite being informed, then deductions for mould may not stand up to scrutiny.
Steps to Take if You Believe the Deduction Is Unfair
- Review your tenancy agreement. Look at any clauses around damp, ventilation, and your obligations. This will give you a clearer view of what was expected from both parties.
- Check the deposit scheme. Your deposit must be protected in a government-approved scheme like TDS, DPS or MyDeposits. You can challenge deductions through these services, which are free to use.
- Request itemised evidence. Ask your landlord or letting agent to provide photos, timestamps, and invoices for any mould-related damage they claim justifies the deduction.
- Gather your own evidence. Collect photos from your time living there, copies of emails or texts where you reported damp, and any move-out photos or videos. Also include repair requests or complaints that went unanswered.
- Raise a dispute with the deposit scheme. All schemes offer a resolution service. Submit your evidence, explain your side clearly, and wait for the adjudicator’s decision.
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).
Act quickly. You usually have just 3 months from the end of your tenancy to begin your challenge, though timelines can vary slightly by scheme. Don’t delay, especially if you have strong evidence of landlord neglect.
Tips to Give Your Case the Best Chance
- Be polite but firm. Stay professional in all communication. Focus on facts, not emotion.
- Stick to timelines. Keep a clear record of when you reported mould or requested repairs.
- Document everything. Before moving out, take high-quality photos of every room, especially areas that had previous mould or water issues.
- Get statements if possible. Did neighbours or contractors see mould or damp while you were there? If they can provide written confirmation, it could help your case.
Too many tenants let these deductions go unchecked because they’re unsure where to start. But taking action protects you and also helps highlight unfair practices in the rental sector.
Risks of Ignoring Mould Deductions
Accepting responsibility for something you didn’t cause can affect future tenancies. Some landlords may use past deductions as a reason to reject your application. It also normalises poor landlord behaviour, making things tougher for every renter.
If you believe the deduction was unjust, it’s important to act. Challenging can be straightforward if you follow the correct legal path.
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.