Mould at check-out: can a landlord deduct it from the deposit?

Quick answer: A landlord can deduct mould from a deposit only if they can show the tenant caused it, beyond fair wear and tear, and the cost is reasonable. Most mould in rented homes is condensation mould caused by the building: cold walls, poor ventilation or inadequate heating. That is the landlord's responsibility, and a deduction for it is unlikely to survive a deposit-scheme dispute.

Mould is one of the most common reasons for arguments at check-out. It is also one where the evidence usually points the same way. This guide is for landlords, letting agents and tenants.

Who is responsible for mould?

Landlords are responsible for the structure and for keeping a rented home fit to live in. That includes damp and mould caused by defects, inadequate ventilation, inadequate heating or poor insulation. The government's own guidance for landlords says it is "totally unreasonable" to blame damp and mould on tenants' lifestyle choices.

Tenants are expected to use the home reasonably: use the extractor fans, keep vents open, heat the home, and report problems. A tenant who blocks vents or never reports spreading mould may carry some responsibility. See who is responsible for damp and mould in a rented property and can a landlord blame condensation on tenant lifestyle?.

How deposit disputes are decided

All three government-approved deposit schemes resolve disputes on the evidence. The landlord makes the claim, so the landlord has to show:

1. The condition at the start, from a dated check-in inventory with photos.
2. The condition at the end, from a check-out report.
3. That the tenant caused the difference, beyond fair wear and tear.
4. That the cost is reasonable.

Mould is where point 3 usually falls down. Without evidence that the tenant caused it, an adjudicator is likely to see condensation mould as a building issue.

Evidence that settles it

• A record of reports during the tenancy, and what was done about each.
• A specialist report on the cause when it is unclear. A damp surveyor can usually tell condensation from a leak or penetrating damp.
• Photos and humidity readings taken at the time.

Better than a dispute: fix the cause

Cleaning mould off a wall at check-out only for it to return under the next tenant costs more than fixing the cause once. Ventilation such as a PIV unit or continuous extract fans, insulation to cold walls and adequate heating stop condensation mould coming back. See condensation control solutions.

You can get free quotes from verified mould specialists and send one request to up to three.

This guide is general information, not legal advice.