Tenant Protection Scheme

How to Challenge Unfair Mould Deposit Deductions Legally

If you’re wondering how to challenge unfair mould deposit deductions after ending your tenancy, you’re not alone. Many renters feel blindsided when landlords claim for cleaning or repairs related to mould, especially when it’s not their fault. The good news is, you do have rights — and there are legal steps you can take to fight unfair deductions confidently. If you’re unsure where to turn for support, The Tenant Protection Scheme (TPS) should be your first contact — offering legal backup specifically tailored to renters in situations like this.

How To Challenge Unfair Mould Deposit Deductions the Right Way

Mould can be a tricky issue in rented properties. Sometimes it’s caused by poor ventilation from tenants, but often it’s actually due to structural problems like leaks, poor insulation or faulty windows — which are the landlord’s responsibility. So before accepting a deposit deduction, consider whether the mould was really your fault.

Legally speaking, landlords can only deduct from your deposit to cover damage you caused or cleaning beyond what’s considered reasonable wear and tear. Mould, particularly when it’s linked to things outside your control, typically doesn’t fall into this category.

Step-by-Step Guide to Take Action

  1. Understand What’s Claimed Against You
    Your landlord should give a written breakdown of the deductions, ideally with evidence. If they blame you for mould, ask for details — such as photos, repair invoices, or reports showing how you allegedly caused the issue.
  2. Check the Rent Deposit Scheme
    All deposits in England must be protected in a government-approved scheme (like the DPS, TDS or MyDeposits). The scheme will allow you to raise a dispute if you don’t agree with the deductions. You can do this for free, and there’s no need to go to court.
  3. Gather Evidence to Support Your Case
    Take photos of any mould when you move out. If you previously reported damp or leaks, dig out emails or messages you sent to your landlord or letting agent. Maintenance requests, repair timelines, and tenancy inspection reports can all help prove the mould wasn’t your fault.
  4. Make a Formal Dispute Through the Scheme
    If you disagree with the mould deductions, start the dispute process through the deposit protection scheme. You’ll need to submit your evidence and explain clearly (in plain terms) why you believe it’s an unfair charge. The scheme’s adjudicator will review both sides.
  5. Be Patient but Persistent
    Once submitted, most disputes are resolved within around 28 days. While it’s tempting to give up, don’t — especially if the deduction is large or unfair. Adjudicators are neutral and often rule in favour of tenants when landlords can’t provide solid evidence of faults caused by the renter.

Common Traps and How to Avoid Them

One of the most common issues tenants face is not reporting mould early. Even if it feels minor, always notify your landlord in writing as soon as you spot signs of damp or fungus. Document what happens next — because it may become key evidence in a dispute later.

Also, before moving out, give the place a thorough clean and photograph every room. If possible, do a check-out inventory with your landlord so there’s no ambiguity about the property’s condition. Without this, disputes mostly come down to your word against theirs.

What If Your Landlord Ignores You?

If your landlord doesn’t respond reasonably or delays the return of your deposit, you may have wider legal grounds to escalate the matter. Once 10 days have passed since agreeing on the amount, the law requires landlords to return your deposit — or explain why not. If they fail to follow proper procedure, they could even be liable for compensation.

You can also report unfair practices to your local council’s housing team. In serious cases (especially where mould affected your health), they may investigate conditions and take enforcement action.

Should You Accept a Small Deduction “Just to Be Done With It”?

It may seem easier to just accept a small deduction and move on. But before you do, think practically. Even modest amounts add up — and you could be setting a precedent for landlords to keep wrongly claiming. If the deduction isn’t fair, you have every right to challenge it.

The process is designed to be tenant-friendly, so don’t assume you need legal training or a solicitor to have your say. What matters most is being clear, reasonable and organised with your evidence.

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).

Final Thoughts: Be Proactive and Know Your Rights

Learning how to challenge unfair mould deposit deductions puts you in control. By knowing what’s expected of landlords, keeping good records throughout your tenancy, and using the deposit scheme dispute process, you can stand up for your rights without unnecessary stress.

Don’t forget that poor housing conditions like mould can pose real health risks, and it’s not something you should be penalised for — especially when it’s linked to issues outside your control. If you’re unsure where you stand, it’s worth speaking to experts who can guide 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.