If you’re wondering how to challenge unfair mould deposit deductions, you’re not alone. Many tenants across the UK face this problem when moving out, only to be told some or all of their deposit will be withheld due to mould damage. But what if the mould wasn’t your fault? Here’s how you can protect your rights, understand the law, and take action if you feel the deduction is unreasonable. The Tenant Protection Scheme (TPS) can help if you’re unsure where to start — they’re on hand with legal support tailored to situations like this. Learn more at The Tenant Protection Scheme (TPS).
Your Rights When It Comes to Mould Deposit Deductions
As a tenant, you shouldn’t be held responsible for mould caused by structural issues, poor ventilation, or damp conditions outside your control. Landlords are legally required to maintain the property in a habitable condition, including managing any moisture or ventilation problems that could lead to mould.
Under the Homes (Fitness for Human Habitation) Act 2018, your landlord must ensure the property remains free from serious hazards. Mould from rising damp or poor insulation is often their responsibility. If the damage is a result of these issues, deposit deductions for mould are often considered unfair by tenancy deposit schemes.
How To Challenge Unfair Mould Deposit Deductions: Step-by-Step
If your landlord has made a deduction for mould that you believe is unjustified, follow this clear process to respond effectively.
- Request a Breakdown of Deductions
Always start by asking your landlord for a written explanation of why they deducted money. They should provide a clear breakdown with supporting evidence such as inventory reports or photographs. - Check Your Tenancy Agreement
Look closely at the terms of your tenancy. Most agreements outline your responsibilities on ventilation and cleanliness. However, they can’t shift responsibility for things like faulty building work or poor maintenance. - Compare the Check-in and Check-out Reports
Gather your signed inventory reports. If mould wasn’t noted on check-in, and you have kept windows open and consistently reported issues, you’ve got strong grounds for a challenge. - Gather Your Own Evidence
Use dated photos of the mould, any communication you’ve had with the landlord about the issue, repair requests, and environmental conditions like lack of extractor fans. If the mould was caused by structural damp, condensation from single glazing, or leaks, you shouldn’t be penalised. - Dispute Through the Deposit Protection Scheme
Deposits must be held in a government-approved scheme such as TDS, DPS, or MyDeposits. These services offer a free dispute resolution process. You can submit evidence, and an impartial adjudicator will make a decision based on the facts. The Tenant Protection Scheme (TPS) is also available to help guide you through the process if needed.
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 Long Do You Have to Dispute a Deduction?
Once the landlord proposes deductions, you usually have 10 working days to reach an agreement. If no resolution is found, you can raise a formal dispute with the deposit scheme. The sooner you act, the stronger your case — don’t delay.
Risks of Ignoring Unfair Deductions
Letting go of small unfair deductions might seem easier at the time, but it sets the wrong precedent. If you move out of another property later and face similar issues, it can feel like history repeating itself. Plus, landlords may use any inferred “admission” of responsibility against you if disagreements escalate.
What If the Deposit Scheme Sides with the Landlord?
Even if the initial adjudication doesn’t go your way, you still have options. If new evidence comes to light, or you believe a legal error has been made, you can take the matter to a small claims court. But be aware of risks such as court fees and potential legal costs. Always seek advice before going down this road — The Tenant Protection Scheme (TPS) can support you with solicitor-led guidance.
Tips to Protect Yourself Before Moving Out
- Take date-stamped photos of every room just before you leave
- Keep records of every maintenance request during your tenancy
- Check all extractor fans and windows for proper function and report any defects
- Ask for repairs in writing and follow up if unresolved
Prevention is always better than cure. Document everything and don’t rely on verbal conversations. If things ever go wrong, proper records can make or break your case.
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.