Damage or Fair Wear and Tear? Who Wins – The Landlord or the Tenant?
When a tenancy ends, the line between fair wear and tear and tenant damage can be difficult to define — this recent deposit dispute shows why evidence, inventories and clear records are essential for landlords.
One of the most common end-of-tenancy disputes is whether damage is simply fair wear and tear. A recent deposit adjudication highlights why good evidence is crucial when making a claim.
The Case
A landlord claimed £420 after a two-year tenancy, citing excessive scuffing, staining and marking to painted walls. The tenant argued the marks were the result of normal everyday living.
The Evidence
The landlord's check-in inventory described the walls as "freshly painted throughout", backed up by clear photographs. The check-out report showed heavy scuffing, furniture stains and discolouration across several rooms, providing a clear comparison.
The Decision
The adjudicator accepted that some wear was expected after two years but found the extent of the damage exceeded fair wear and tear. However, applying the principle of betterment, only a partial award was made to reflect the age and lifespan of the decoration.
What Can Landlords Learn?
- Fair wear and tear is expected, but excessive damage may justify a claim.
- A detailed inventory and photographs are essential evidence.
- Awards are adjusted for the age and condition of décor rather than covering full redecoration costs.
- Good documentation and a trusted deposit protection scheme help resolve disputes fairly.
The Bottom Line
Successful deposit claims rely on evidence, not opinion. Detailed inventories, photographs and regular inspections put landlords in the strongest position if a dispute arises.
If you are interested in further guidance relating to deposit disputes, visit the Help Centre at TDS to browse further guides.
Source: Property Industry Eye