Deposit Deductions · DPS
Mould or Damp Deduction Under DPS? How to Dispute It
If your deposit is protected with DPS (Deposit Protection Service) 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 DPS disputes actually work
DPS (Deposit Protection Service) is purely custodial — DPS holds the actual deposit money itself for the whole tenancy, not your landlord. Because DPS holds the money directly, raising a dispute simply freezes the disputed portion while any undisputed amount is released to you immediately. Both sides submit evidence online, an adjudicator reviews it, and the ring-fenced sum is paid out according to the decision.
DPS is the largest of the three schemes by volume, protecting more deposits in England and Wales than TDS or mydeposits.
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 DPS, 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 DPS handle a mould or damp dispute?
- Because DPS holds the money directly, raising a dispute simply freezes the disputed portion while any undisputed amount is released to you immediately. Both sides submit evidence online, an adjudicator reviews it, and the ring-fenced sum is paid out according to the decision.
- 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.