Wear and Tear vs Damages - What's the difference?

One of the most common disputes between Landlords and Tenants in the UK arises at the end of a Tenancy - who is responsible for the condition of the property? Understanding the difference between fair wear and tear and damage is essential to managing expectations, protecting deposits, and maintaining good Landlord - Tenant relationships.

What Is Fair Wear and Tear?

Fair wear and tear refers to the natural deterioration of a property and its fixtures due to normal everyday use. It is not something that a Tenant can reasonably be held responsible for, and Landlords cannot deduct from a Tenant’s deposit for these issues.

Examples include:

• Worn carpets or faded curtains due to sunlight or regular use

• Small scuffs or marks on walls

• Loose door handles

• Light scratches on worktops

  
  

The key here is that these are unavoidable and occur even when the tenant treats the property with care.

It's important to remember, that Landlords cannot claim for 'betterment' within deposit negotiations. For example, if carpets were already

Factors that can affect what counts as fair wear and tear:

• Length of the tenancy (longer stays often means more wear to fixtures and fittings)

• Number of occupants (more people = more use, particularly children)

• Age and quality of fixtures and fittings at the start of the tenancy (are they brand new or already part-worn?)

  
  

What Counts as Tenant Damage?

Tenant damage goes beyond acceptable wear and tear and refers to harm that is due to negligence, misuse or accidents caused by the Tenant, their guests or pets.

Examples include:

• Large holes in walls or broken tiles

• Burns or stains on carpets

• Broken windows due to carelessness

• Mould growth due to lack of ventilation (where this is the tenant’s responsibility)

  
  

Such damage is usually grounds for deposit deductions, or in serious cases, could lead to legal action if the cost exceeds the deposit amount.

How Can You Protect Yourself as a Landlord or Tenant?

For Landlords:

• Inventory and Condition Report: Carry out a detailed inventory with photographs before and at the end of the Tenancy to clearly demonstrate the differences.

• Mid-tenancy inspections: Regular inspections throughout the Tenancy (every 3-6 months) can identify issues early and help reduce any extensive dilapidations at the end.

• Clear communication: Be transparent about expectations and maintenance responsibilities.

  
  

For Tenants:

• Check-in Inventory: Always review and sign the inventory at move-in, and note anything you disagree with. You generally only have a small window to do this in, so that the report is not compromised so do this urgently. Your Landlord does not have to make any changes beyond 7 days post-issue.

• Report issues promptly: Fixing problems early can prevent damage from worsening.

• Clean regularly: Keeping the property in good order can avoid disputes at the end.

  
  

What Do the Rules Say?

Tenancy Deposit Protection schemes in England and Wales insist Landlords protect deposits in a government-approved scheme within 30 days of receipt and provide detailed reasons for any deductions. Any undisputed funds should be returned to the Tenant within 10 working days of the Tenancy ending. Disputes over wear and tear vs damage are often resolved by these schemes using the inventory and other evidence provided, via adjudication if agreement cannot be reached between the parties.

In Summary

The distinction between fair wear and tear and tenant damage is one of intent and inevitability. Wear and tear is expected and accepted; damage is preventable and may be chargeable. Both Landlords and Tenants benefit from understanding this line - it’s the key to a smooth and fair tenancy process.