If you’re a renter wondering how to challenge unfair deposit deductions for mould, you’re not alone. Mould is a common issue in rental homes across the UK, but that doesn’t automatically make it your fault—or your financial responsibility. Understanding your rights and knowing how to respond when a landlord claims mould damage has affected your deposit can help you stand your ground and get back what you’re owed. If you’re in doubt or need support, The Tenant Protection Scheme (TPS) is a direct legal resource for tenants facing unfair deductions.
How To Challenge Unfair Deposit Deductions For Mould
The first thing to know is that landlords cannot simply decide to withhold part of your deposit and expect you to accept it. All deposits taken for an assured shorthold tenancy must be protected in a government-approved tenancy deposit scheme (TDP). These schemes offer a free dispute resolution service, meaning you don’t have to go through the courts to sort out disagreements.
If your landlord or letting agent attempts to deduct money for mould damage at the end of your tenancy, it’s essential to assess whether that damage falls within your responsibility as a tenant—or whether it’s due to structural issues or poor ventilation, which landlords are responsible for addressing.
Understanding When Mould Is Not Your Fault
Mould often appears due to underlying problems like poor insulation, damaged roofing or windows, or broken ventilation systems. These are the landlord’s responsibility to maintain. While tenants are expected to keep the home reasonably ventilated—such as opening windows or using extractor fans—it isn’t your fault if the property’s design or structure prevents proper airflow.
If you’ve reported mould during your tenancy and the landlord failed to act, they may be liable for the issue. Be sure to keep records of any reports you’ve made, including emails or texts, especially if the landlord ignored your concerns or delayed repairs. Ignoring the issue during your tenancy and only raising it at the end as a reason to deduct from your deposit is not acceptable practice.
Steps to Dispute Unfair Deductions for Mould
- Request a Detailed Breakdown: Ask your landlord to provide a written justification of any deductions. They must explain clearly why they’re charging you and how the cost was calculated.
- Check the Tenancy Agreement: Review what it says about your responsibilities around ventilation and property care. This can help clarify whether any ‘mould prevention’ expectations were realistic.
- Gather Evidence: Take photographs of the affected areas, both before and after your tenancy. If you reported mould during the tenancy, find copies of those communications. Witness statements from flatmates can also help.
- Compare the Check-In and Check-Out Reports: These reports can help demonstrate whether mould was present before your tenancy or developed over time due to structural issues.
- Raise a Dispute with the Deposit Scheme: If you’re not getting anywhere with the landlord, contact the relevant tenancy deposit scheme and start a formal dispute. You must usually do this within 3 months of your tenancy ending.
Be clear and polite throughout. Most schemes aim to resolve disputes within a few weeks, and strong evidence significantly boosts your case. If the scheme finds in your favour, they will instruct the landlord to return the disputed amount.
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 a Mould Dispute Could Cost You
It might feel easier to let it go if the deduction isn’t massive. But accepting responsibility for something that isn’t your fault can set an unfair precedent. Plus, mould issues in a rental history might affect future tenancies if they are misreported or misunderstood.
In some cases, deductions can be large, especially if a landlord claims they had to redecorate or replace walls, carpets, or furnishings. Challenging the deduction not only protects your finances, it also prevents landlords from unfairly shifting responsibility onto tenants who had little to no control over the problem.
Tips to Prevent Mould Disputes in the First Place
To protect yourself ahead of time, take these simple steps:
- Document Everything: Take thorough move-in photos and update them if mould appears.
- Report Promptly: Notify your landlord in writing about any mould issues early on, and follow up if nothing happens.
- Use Ventilation Where Possible: Open windows regularly and use extractor fans where provided. Let the landlord know if they aren’t working.
- Keep Records: Keep emails, texts, and maintenance requests in one folder so they’re easy to locate if needed.
Being proactive can protect your deposit and demonstrate that you’ve met your tenant responsibilities. That way, if problems do arise, you have everything ready to argue your case clearly and confidently.
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.