What counts as fair wear and tear on a tenancy?
Deterioration resulting from ordinary use over the period of the tenancy, which a landlord cannot charge for — and the concept is defined by reference to reasonable use rather than to a list, which is why disputes are so common.
The definition used in practice. Deterioration occurring through normal, everyday use by the number of people in the property, over the length of the tenancy. The key elements are use, occupancy and time — a property let to a family for four years will be in a different condition from one let to one person for six months, and the same wear is fair in one and not the other.
What is fair wear and tear: carpet worn in traffic areas; paintwork marked and faded; small scuffs on walls; worn door handles and fittings; and appliances failing through age.
What is damage: burns, stains and tears; broken items; holes in walls; pet damage; mould caused by failure to ventilate where the property is not defective; and anything resulting from misuse.
The principle that resolves most disputes: betterment. A landlord is not entitled to be put in a better position than they would have been. If a carpet was five years old at the start of a five-year tenancy and is now worn out, the landlord cannot charge for a new one — the carpet had reached the end of its life anyway. Deductions must account for the age and expected lifespan of the item, on a proportionate basis.
This is what adjudicators apply, and it is why full replacement costs are routinely reduced or refused.
What determines the outcome of a dispute:
The inventory and check-in report. A detailed, dated report with photographs, signed by the tenant, is decisive. Without one, a landlord will struggle to prove anything, because they cannot establish the condition at the start.
The check-out report, compared against it.
Evidence of age and cost of items claimed for.
Photographs, which both parties should take.
How disputes are resolved. Deposit schemes provide free adjudication, in which an independent adjudicator decides on the evidence submitted. The disputed amount is held by the scheme until resolved, and the undisputed portion is returned promptly.
The burden is on the landlord to justify deductions.
Cleaning must be to the standard at check-in, not better.
General information, not legal advice.