Fair Wear and Tear Explained: A Guide for Landlords and Tenants

Considered by many as the million-dollar question – what is classed as damage versus fair wear and tear at check out? If only there were a straightforward answer to give to landlords, tenants and letting agents, but no. Due to properties being properties, and tenancies being tenancies, and them all being so vastly different, this is never going to be possible.

So, we have to garner what information we can and apply it in as a fair a way as possible based on the facts.

What is Rental “Fair Wear and Tear”?

The Tenancy Deposit Scheme, or TDS, defines fair wear and tear as:

“…the reasonable deterioration that occurs in a rental property, over time, as a result of normal, everyday use during the period of a tenancy”

 

Examples of Fair Wear & Tear include:

• Shading to paint
• Rubs on walls
• Odd chips on woodwork
• Hinges becoming slightly loose
• Laminate or lino becoming somewhat worn
• Carpets becoming flattened and sometimes shaded with age
• Slight dulling to appliances
• Degraded or loose sealant around windows, in bathrooms, etc
• Light chips or scuffs to countertops

What Factors Impact Fair Wear and Tear?

Wear and tear can vary depending on several factors:

📆 Length of the Tenancy – longer tenancies naturally result in more wear

🏠 Property Condition at Move-In – the starting state of the property (documented by a Check In report) is crucial for comparison

🪑 Quality of Materials – higher-quality materials typically show less wear over time

🐾 Pets – properties that have had pets living in them are likely to experience more wear

How Does This Differ to Damage in a Property?

What would be considered outside of normal wear and tear would be things that go beyond the normal usage of a property during the passage of time – where a tenant has knowingly or unknowingly caused damage to a property or its contents and so reducing its anticipated life expectancy through this misuse.

For example, where a tenant has caused damage to a property that is not in line with normal day to day usage, such as;

• Walls – large holes, extensive stains, or intentional markings
• Soft Furnishings – stains, tears, or burns that exceed normal usage
• Flooring – evidence of burns, deep scratches, or permanent stains
• Countertops – burns, deep cuts, or significant cracks
• Surfaces – permanent stains or degradation caused by a lack of regular cleaning or care
• Broken fixings – using force that causes fittings to snap, break or come off walls

The National Landlords Association (NLA) has a comprehensive guide covering fair wear and tear to help landlords with this decision-making process.

Why are Inventory Reports Essential for Fair Assessments?

An Inventory or Check In (or combined as an Inventory Check In) report created at the beginning of a tenancy is crucial for both landlords and tenants. These reports:

✅ Protect Both Parties – providing a clear baseline for assessing changes to a property over time

✅ Clarifies Disputes – help to distinguish between fair wear and tear versus damage by thoroughly documenting the property’s original condition

✅ Follows Standards and Regulations – reputable inventory companies, such as Eclipse Inventories, adhere to guidelines set by bodies like the AIIC (Association of Independent Inventory Clerks) and ARLA Propertymark

It is also recommended that landlords perform regular interim inspections every 3-6 months on their rental properties to ensure there has been no misuse or unreported maintenance issues.

Working with accredited inventory companies and professional clerks ensures that these reports are high detailed, impartial, and align with industry standards, protecting both landlords and tenants.

Raising Disputes About Deposit Deductions

Tenants have several options if they disagree with the proposed deductions from their deposit:

1. Review the Check Out Report – thoroughly review the report and compare it to the Check In report to identify discrepancies you may want to highlight to the landlord or agent
2. Examine the Calculations – ask your landlord or agent how they have calculated the proposed deductions from your deposit
3. Raise with TDS – if your deposit is protected, you can raise a complaint through them here

With TDS insurance, they will only accept disputes up to three months after the end of the tenancy

Top Tips for Minimising Disputes

📃 Evidence is Key – ensure the property is accurately and thoroughly documented at the beginning of the tenancy with detailed photos via an accredited inventory provider

🧼 Keep the Property Clean – tenants are responsible for maintaining regular cleaning of the property to avoid the build-up of dirt that could lead to damage claims

🗣 Communicate Issues Early – ensure to promptly address maintenance issues to your agent or landlord to prevent them escalating into larger problems

📸 Document at Check Out – always ensure to take photos of the property before vacating in case you need to provide evidence of the condition you left it in

Final Thoughts

Understanding the difference between wear and tear and damage is crucial for a smooth tenancy checkout process. By maintaining thorough documentation, working with reputable inventory companies, and being aware of your rights and responsibilities, both landlords and tenants can ensure a fair outcome. Evidence, preparation, and clear communication remain key to avoiding disputes and resolving them effectively when they arise.