Fair wear and tear in a rental property

Wear and tear is an inevitable part of letting out property. Whether you're a new landlord or have years of experience behind you, it can still be tricky to work out what constitutes normal deterioration and what’s genuine damage caused by a tenant. Get it wrong, and you may end up either footing the bill unfairly or triggering a deposit dispute that could damage your reputation or lead to a formal complaint.

According to the Tenancy Deposit Scheme (TDS), fair wear and tear is one of the most common causes of deposit disputes in the UK, with confusion often arising at the end of the tenancy. But the rules are clear, landlords can’t claim for fair wear and tear, only for genuine damage.

This article explains what fair wear and tear means in rental properties, how it’s defined legally, how to handle disputes, and what landlords can do to stay fair and compliant.

What is fair wear and tear?

The term fair wear and tear is defined by the House of Lords as:

“Reasonable use of the premises by the tenant and the ordinary operation of natural forces.”

In practical terms, it refers to the gradual and expected deterioration of a property and its contents that occurs over time, especially when it is occupied and in regular use.

Think of faded curtains, worn carpet in a hallway, or paintwork that becomes dull after years of sunlight. These are natural consequences of someone living in the home. Even in the cleanest and most careful households, things wear out.

Fair wear and tear is not about neglect or damage, it’s about ageing and normal usage. Crucially, it relates to the condition of an item or surface, not its cleanliness. So while the carpet may be worn, it still needs to be cleaned. A tenant is not allowed to leave the property dirty simply because a carpet is old.

Examples of fair wear and tear vs tenant damage

One of the most useful ways to understand this topic is to look at direct comparisons:

If you’re unsure whether something is classed as damage or wear and tear, ask yourself "Would this deterioration have happened anyway, even with a responsible tenant?"

How do you know when it goes beyond fair wear and tear?

There is no single formula that applies to all situations, but several factors can help landlords determine what is reasonable:

1. The age of the item

The older something is, the more wear you should expect. If a five-year-old sofa is looking a bit tired, that’s likely to be wear and tear. If a brand-new sofa is covered in pen marks and holes after six months, that’s damage.

2. The quality of materials

Higher-quality fixtures and fittings tend to last longer and may be more resistant to damage. However, they’re not immune to the natural effects of use over time.

3. Expected lifespan

Every item in a property has an expected useful life. For instance, a budget carpet might be expected to last five years, whereas a premium one might last ten. If damage occurs close to the end of the lifespan, it’s harder to justify charging the tenant for a full replacement.

4. The number of tenants

More occupants means more wear. A one-bedroom flat let to a single person will wear differently to a four-bedroom house let to a family with children and a dog. Reasonable expectations vary accordingly.

5. Length of the tenancy

Short-term tenants are likely to cause less wear than long-term renters, simply due to time. A property that’s been let for five years will naturally show more signs of use than one let for five months.

6. Pets and Children

If pets are allowed under the tenancy agreement, then some additional wear should be expected. Scratches on floors, pet hair in corners, and slight odours may be part of that. The same is true for families with young children, general wear may be greater.

A real world example

Imagine a landlord lets a two-bedroom flat to a professional couple for three years. At check-out, the landlord notices:

• The carpet in the hallway is thin and worn.

• There are light scuff marks on the wall near the light switches.

• The sofa looks saggy and slightly faded.

• One of the blinds is bent, with a few slats missing.

What’s fair wear and tear?

• The carpet, scuffs, and faded sofa are all classic examples of fair wear and tear.

• However, the damaged blind could be classed as tenant damage, especially if it is clearly broken due to misuse.

The legal context for deposit deductions and betterment

Landlords in England and Wales must protect a tenant’s deposit in one of three government-approved schemes: TDS, DPS, or MyDeposits. These schemes are designed to ensure fairness and prevent landlords from making unreasonable deductions.

If you try to claim for something that clearly falls under fair wear and tear, the scheme is likely to reject your claim. You may also be forced to return the full deposit, even if other deductions were legitimate.

Avoiding “betterment”

One of the key principles landlords must follow is to avoid betterment. This means you cannot improve your property at the tenant’s expense.

For example, if a five-year-old mattress is stained, you cannot charge the tenant the full cost of a brand-new one. You must account for depreciation and only claim the remaining value of the item, if damage is proven.

Here’s how depreciation might work:

• Original cost of mattress: £400

• Expected lifespan: 8 years

• Age at end of tenancy: 4 years

• Remaining value: £200

So, the maximum you could claim is £200 assuming damage.

Who is responsible for what?

Landlords

• Must maintain the structure and exterior of the property.

• Are responsible for the safe operation of heating, plumbing, and electrical systems.

• Must repair or replace items worn out through fair wear and tear.

• Should conduct regular maintenance and property inspections.

Tenants

• Must take care of the property, using it in a tenant-like manner.

• Should report maintenance issues promptly.

• Must keep the property clean and return it in a hygienic state.

• Are liable for any damage caused through negligence, carelessness or misuse.

How to prevent disputes over wear and tear

Avoiding conflict around wear and tear starts before the tenancy even begins.

Carry out a thorough Inventory

At check-in, conduct a detailed inventory, ideally with dated photos. This document should capture the exact condition of the property, including the furniture, flooring, fixtures, and any existing marks or defects, you can use our free landlord templates.

Communicate expectations clearly

Explain the concept of fair wear and tear to the tenant, especially if they are renting for the first time. Let them know what you consider acceptable and what may lead to deductions.

Conduct mid-tenancy inspections

Periodic inspections (every six months, for example) help catch maintenance issues early. They also give tenants a chance to raise concerns before they become problems.

Keep evidence and records

Hold onto receipts for purchases, records of repairs, and any communication about maintenance or damage. This can support your position if a dispute arises.

What about grey areas?

Not everything is black and white. Here are some common grey areas and how to approach them.

Mould and damp

If damp is caused by structural issues (e.g. rising damp), it’s the landlord’s responsibility. If it results from poor ventilation, such as failing to open windows in the bathroom, it may fall to the tenant.

Pet damage

If pets are allowed, some additional wear is expected. However, claw marks on a leather sofa or urine-stained carpets may be classed as damage.

Accidental damage

If a tenant accidentally smashes a window or spills red wine on the carpet, this is still damage, even though it wasn’t malicious. Landlords can claim for repair, but should still consider the age and value of the item.

Frequently Asked Questions

What is fair wear and tear?

It refers to the gradual deterioration of a rental property and its contents over time due to normal use. It does not include accidental or negligent damage.

Can landlords charge tenants for wear and tear?

No. Tenants cannot be charged for fair wear and tear. Landlords can only claim against the deposit for damage beyond what is considered reasonable.

Who decides what counts as wear and tear?

If a dispute arises, a tenancy deposit protection scheme (like TDS or DPS) will make a decision based on evidence, including inventory reports and photographs.

What happens if the landlord and tenant disagree?

Both parties can raise a dispute with the deposit scheme. The scheme’s adjudicator will review the case and make a binding decision.

What if the property has been renovated during the tenancy?

If improvements are made, such as a new kitchen or flooring, these should be documented. However, tenants should not pay for upgrades made purely for the landlord’s benefit.

Finally, fairness matters

Wear and tear is a normal part of property letting. While it can be disappointing to see your property age, it’s a sign that it’s being lived in, which is the whole point of renting it out.

Landlords who act reasonably and transparently will find that tenants are more likely to take care of the property, communicate openly, and stay longer. Those who attempt to overcharge or hold tenants to unrealistic standards may find themselves facing challenges from deposit protection schemes and damaging their reputation in the process.

By preparing thoroughly, keeping clear records, and maintaining open communication, you can avoid the hassle and protect both your property and your peace of mind.

If you’re improving the property or its contents, the tenant shouldn’t foot the bill. 

Remember, fair wear and tear is natural and should be expected in rental properties. By being fair and reasonable in your assessments, you can help ensure a positive and long-lasting tenancy. 

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This article is a guide and not intended to be relied upon as legal or professional advice, or as a substitute for it. August does not accept any liability for any errors, omissions or misstatements contained in this article. Always speak to a suitably qualified professional if you require specific advice or information.