If you’ve recently left a rented property and your landlord has made deductions from your deposit for mould, you’re probably wondering how to challenge unfair landlord deductions for mould damage. The good news is, you do have rights as a renter in the UK, and landlords can’t simply blame you unless they’ve met certain obligations themselves. If you’re unsure where to start, The Tenant Protection Scheme (TPS) is your first port of call for solicitor-backed guidance and support tailored to renters.
How to Challenge Unfair Landlord Deductions for Mould Damage
Mould is a growing concern in rental properties, and it often sparks disputes over who is responsible. Landlords may claim you failed to ventilate the home properly, but it’s not always that straightforward. In many cases, mould arises from structural issues like poor insulation, leaky roofs or lack of ventilation — all things that the landlord is legally responsible for maintaining.
Your Legal Rights and Who’s Responsible
Under the Homes (Fitness for Human Habitation) Act 2018, landlords must ensure their rented homes are free of hazards, including damp and mould. This means the property should have adequate heating, insulation and ventilation. If mould appears due to things outside your control, like rising damp or a leaking pipe, it is not your fault, and you shouldn’t lose part of your deposit for it.
However, if there’s clear evidence that mould resulted from something you failed to do — such as never opening windows, drying clothes indoors without ventilation, or blocking extractor fans — then landlords may try to claim some responsibility falls on you. Still, they must provide proof.
Steps to Challenge Mould Damage Deductions
- Wait for the deposit breakdown: By law, your landlord or letting agent must confirm, within 10 days of your tenancy ending, how much of your deposit they plan to return and what’s being withheld. This should come through your tenancy deposit scheme with an itemised list.
- Ask for evidence: If deductions for mould are mentioned, ask the landlord to supply photographs, expert reports, or communications that show the cause of the mould and when they spotted it. They can’t just take your money without offering justification.
- Gather your own evidence: Look through your records for anything helpful. This might include:
- Move-in and move-out inventory reports
- Photos from your time in the property
- Emails or messages reporting damp or repairs you requested
- Maintenance logs or repair confirmation emails
- Dispute through the tenancy deposit scheme: If you’re not satisfied, contact the relevant deposit protection scheme (DPS, TDS, or MyDeposits). All three schemes offer a free, independent resolution process. Be sure to submit your evidence here, too.
- Escalate if needed: If the scheme doesn’t side with you and you still feel the deduction is unfair, you could take the matter to the small claims court. But keep in mind this is more formal and may involve fees, so always seek advice before taking that step.
Common Mistakes That Can Weaken Your Case
Many tenants lose deposit money unnecessarily because they ignore early signs of mould or fail to report issues quickly to landlords. Always notify your landlord in writing as soon as you spot mould, no matter how minor. Ask for the issue to be addressed and keep a paper trail. If you wait until the end of the tenancy, it’s much harder to prove it wasn’t your fault.
Another common error is moving out without taking photos. You should always document the condition of the property when leaving, including problem areas like bathrooms and windowsills where mould tends to appear.
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).
How to Avoid Deposit Disputes in Future
If you’ve had a tough experience this time, it’s worth setting yourself up differently for the next property. Ask these questions before moving in:
- Does the property have working extractor fans and adequate ventilation?
- Are there any visible signs of damp or past mould damage?
- Has the landlord recently addressed mould issues or installed dehumidifiers?
Also, make sure any reports or repairs you request during the tenancy get a written reply. Verbal promises won’t help you in a deposit dispute.
Time Limits You Can’t Afford to Miss
Once your tenancy ends, timing matters. You have only a limited window to raise a dispute through your deposit protection scheme — typically within three months. If you wait too long, you might lose your chance to challenge the deductions altogether. So act quickly once you receive the deposit breakdown.
If you’re unsure at any point, contact a tenant support organisation or advisory service. Taking early, informed action gives you the best chance of keeping more of your deposit where it belongs — with you.
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.