Tenant Protection Scheme

Reclaiming Deposit From Landlord Due to Mould Problems

If you’re reclaiming deposit from landlord due to mould issues, you’re not alone. Mould problems are one of the most common causes of end-of-tenancy disputes, and they can make a flat not only uncomfortable but also potentially unsafe. Knowing your rights as a tenant and taking action at the right time can make a big difference when it comes to getting your money back.

In most cases, it’s helpful to speak to a tenant support provider with legal expertise. The Tenant Protection Scheme (TPS) offers solicitor-backed guidance to help tenants reclaim deposits and respond to housing problems confidently and quickly.

Your Rights When Reclaiming Deposit From Landlord Due to Mould Issues

As a tenant in the UK, your landlord has a legal duty to ensure the property is fit for living throughout your tenancy. This includes keeping the home free of damp and mould that result from structural issues or problems with heating and ventilation. If mould has developed because your landlord failed to maintain the property properly, they could be held responsible for the damage it caused to your belongings or for any deposit deductions made unfairly.

Tenancy deposits are protected by a government-approved deposit protection scheme such as the Tenancy Deposit Scheme (TDS), MyDeposits or the Deposit Protection Service (DPS). These schemes are there to ensure fair resolution when disputes arise at the end of a tenancy. If your landlord claims they are deducting money due to mould damage, you can challenge that—especially if the mould wasn’t your fault.

Steps for Reclaiming Deposit From Landlord Due to Mould Issues

  1. Document the Mould Early
    As soon as you notice mould, take clear photos and videos and note the date. This evidence can help show that the issue was ongoing and not new or caused by you.
  2. Report It Immediately
    Tell your landlord in writing as soon as possible. It’s best to use email so you have a written record. Be sure to describe the extent of the problem and ask for repairs.
  3. Follow Up in Writing
    If the landlord fails to act within a reasonable time, follow up and keep copies of all correspondence. This helps build your case during a deposit dispute.
  4. Check Your Tenancy Agreement
    Look at what’s written about maintenance and mould in your contract. While you might be responsible for day-to-day cleaning and airing the property, landlords must fix long-standing structural damp or issues that arise from building faults.
  5. Get an Independent Inspection (if needed)
    In serious cases, especially where health is affected or there’s considerable damage, you might consider getting an environmental health inspection through your local council. They can issue formal notices to your landlord if repairs are essential.
  6. Start the Deposit Dispute Process
    If the landlord refuses to return part or all of your deposit, raise a dispute through the deposit protection scheme your money is held in. It’s free and impartial. You’ll need to submit your evidence—including photos, emails, and any expert opinions—to back up your claim.

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).

Common Problems When Reclaiming Deposits After Mould Damage

Unfortunately, many tenants are blamed for mould when it actually results from poor property maintenance. For example, if there’s no adequate ventilation, heating is faulty, or gutters leak and cause water ingress, the landlord may be at fault. However, they may still try to deduct for repainting or repairs at the end of your tenancy.

Another issue is lack of evidence. If mould existed but wasn’t reported or photographed at the time, it becomes your word against the landlord’s. Tenants who don’t act quickly or document problems may find it harder to make a successful claim.

How Long Do You Have to Challenge a Deposit Deduction?

Once your tenancy ends, your landlord has 10 days to return your deposit or tell you why they’re making deductions. If you don’t agree with their reasons, you can challenge the deduction by contacting the relevant deposit protection scheme. There’s usually no strict time limit beyond this, but raising the dispute as soon as possible gives you a stronger case.

Tips to Strengthen Your Claim

  • Keep a dated photo log of any mould-related damage during the tenancy.
  • Save all communication with your landlord, especially your initial report of the problem.
  • Ask for inspections or repairs in writing, and note how long it took your landlord to respond.
  • Take photos of the cleaned property when you move out, to show you left it in good condition.
  • Request a copy of the checkout inventory and compare it with the original check-in report.

If the deposit protection scheme sides with you and you win the dispute, your landlord must return the disputed amount. If they still refuse, you may need further legal advice or you can escalate to your local council or even the small claims court for extreme cases.

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.