Fair Wear and Tear vs Tenant Damage: Landlord Guide
Understanding the difference between fair wear and tear and tenant damage. What you can and cannot claim for, with examples. Get the UK steps and choose the...
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This guide explains the problem in plain English first, then shows you the next practical step when you are ready.
Your tenant owes you money and you need to know the fastest lawful way to chase it. This guide explains the route, the paperwork, and the mistakes that can slow you down.
What is Fair Wear and Tear?
Fair wear and tear is the natural deterioration that occurs through normal, everyday use of a property. It's what happens when people simply live in a home—things gradually age and show signs of use.
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The legal position is clear: tenants are not liable for fair wear and tear. This means you cannot deduct from deposits or claim costs for normal deterioration.
Key principle: Wear and tear is gradual deterioration from ordinary use. Damage is sudden or caused by misuse, abuse, or negligence.
Examples: Wear and Tear vs Damage
| Item | Fair Wear & Tear | Damage (Claimable) |
|---|---|---|
| Walls | Minor scuffs, faded paint, small nail holes | Large holes, crayon marks, unauthorised painting |
| Carpets | Slight flattening, fading in sunny areas | Burns, stains, pet damage, rips |
| Kitchen | Minor worktop scratches, worn cabinet handles | Burn marks, broken cabinet doors, missing handles |
| Bathroom | Worn sealant, minor grout discolouration | Cracked tiles, broken toilet seat, mould from poor ventilation |
| Doors | Stiff hinges, minor scratches | Broken locks, holes, kicked-in panels |
| Appliances | Reduced efficiency over time | Broken parts, misuse damage, missing components |
Factors That Affect the Assessment
Whether something counts as wear and tear depends on several factors:
- Length of tenancy - Longer tenancies mean more expected wear
- Number of occupants - Family of 5 causes more wear than single person
- Quality of original items - Cheap carpet wears faster than quality
- Age at start - 10-year-old item vs brand new
- Type of property - Student let vs professional let
The "Expected Lifespan" Approach
Many deposit schemes use expected lifespans to assess claims. For example:
- • Carpet: 8-10 years
- • Interior paint: 3-5 years
- • Appliances: 5-10 years depending on type
- • Wooden flooring: 15-20 years
If the item was already 80% through its lifespan, you can only claim 20% of replacement cost for damage.
Calculating Damage Claims
When claiming for damage, you should use a betterment calculation. You can't claim for new-for-old—only the remaining value that was lost.
Example Calculation
Carpet damaged after 4 years of tenancy. Original cost: £800. Expected lifespan: 10 years.
Remaining lifespan: 6 years out of 10 = 60%
Claimable amount: £800 × 60% = £480
You cannot claim the full £800 because the carpet had already been used for 4 years.
Evidence Requirements
To succeed with damage claims, you need:
- Check-in report showing condition at start
- Check-out report showing damage at end
- Photographs with dates (both start and end)
- Receipts for original items (age and cost)
- Repair/replacement invoices
- Quotes if work not yet done
Learn more in our guides on claiming for property damage and carpet damage claims.
Claim for Tenant Damage
Our money claim for unpaid rent Pack helps you calculate and claim damage costs properly.
Start Your Claim - £29.99FAQs for landlords
Tenant says it's just wear and tear - how do I prove it's damage?
Focus on whether the deterioration is beyond what's normal for the tenancy length and use. Photos, professional reports, and comparable examples help prove your case.
Can I claim full replacement cost for damaged items?
Only if the item was new at the start of the tenancy. Otherwise, you must account for its age and remaining useful life (betterment deduction).
Who decides what's wear and tear vs damage?
In deposit disputes, the deposit scheme adjudicator decides. In court claims, the judge decides. Both apply similar principles based on the evidence.
What to do next
Core eviction guides to keep your case moving
Keep your case connected with the core possession guides most landlords need during arrears and notice problems.
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