Deposit Deductions · TDS
Mould or Damp Deduction Under TDS? How to Dispute It
If your deposit is protected with TDS (Tenancy Deposit Scheme) and your landlord is withholding money for mould or damp, the process and the arguments that work both depend on which scheme is involved. Here's what matters for your specific situation.
How TDS disputes actually work
TDS (Tenancy Deposit Scheme) is the only scheme offering both custodial and insured protection, and the only one open to letting agents as members in their own right. You raise a dispute through TDS's online case portal. Both sides are given 14 days to submit evidence — photos, the check-in/check-out inventory, receipts, correspondence. An independent adjudicator then reviews everything and decides on the balance of probabilities, usually within 30 working days. The decision is binding, with no internal appeal.
TDS's own 2024/25 statistical briefing found cleaning was the single most common trigger for a dispute, appearing in 54% of all cases it handled that year.
What the law says about mould or damp
Landlords are responsible for damp or mould caused by structural issues, poor insulation, or disrepair — a leaking roof, rising damp, or inadequate ventilation the landlord was responsible for fixing. Tenants are only liable for mould clearly caused by their own behaviour, such as not ventilating a room or drying laundry indoors without airflow, and even then the landlord must show that link, not just assume it.
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Check my case freeWhat to gather before you dispute it
For a mould or damp case with TDS, the evidence that actually moves the needle is photos of the mould, any repair requests you made during the tenancy, and whether the property had adequate extractor fans or ventilation. Without it, you're relying on the general legal principle alone — which still helps, but evidence wins disputes faster.
Frequently asked questions
- How does TDS handle a mould or damp dispute?
- You raise a dispute through TDS's online case portal. Both sides are given 14 days to submit evidence — photos, the check-in/check-out inventory, receipts, correspondence. An independent adjudicator then reviews everything and decides on the balance of probabilities, usually within 30 working days. The decision is binding, with no internal appeal.
- Can my landlord charge me for mould or damp?
- Landlords are responsible for damp or mould caused by structural issues, poor insulation, or disrepair — a leaking roof, rising damp, or inadequate ventilation the landlord was responsible for fixing. Tenants are only liable for mould clearly caused by their own behaviour, such as not ventilating a room or drying laundry indoors without airflow, and even then the landlord must show that link, not just assume it.