Fair wear and tear vs damage: what your landlord can actually charge for
More end-of-tenancy disputes come down to “fair wear and tear” than any other single issue. Landlords sometimes try to charge for the natural ageing of paint, carpets and fittings; tenants sometimes assume any mark is acceptable. The truth sits in between, and adjudicators apply a fairly consistent test. This guide explains what counts as fair wear and tear, how adjudicators assess it, and how to make sure you're not charged for it.
The legal definition
The widely accepted definition of fair wear and tear in UK tenancy law comes from a 1954 House of Lords case: it is the “reasonable use of the premises by the tenant and the ordinary operation of natural forces.” In plain English: the gradual deterioration you would expect from someone living in the property normally.
A tenant cannot be charged for fair wear and tear. They can be charged for damage, neglect, or anything that goes beyond what would naturally occur over the tenancy.
How adjudicators assess it
Deposit scheme adjudicators weigh a small number of consistent factors:
- Length of the tenancy. A six-month let should leave less wear than a four-year let. The longer you've lived there, the more wear is expected.
- Condition at the start of the tenancy. If a carpet was already worn at move-in, the landlord can't charge as if it had been brand new. This is where dated move-in photos win cases.
- Age and expected lifespan of the item. Carpets, paintwork, kitchen units and appliances all have an expected life. A ten-year-old carpet has, in adjudicator terms, no value left to depreciate.
- Number and type of occupants. A family of five with two dogs will generate more wear than a single occupant, and that is taken into account.
- Apportionment. Even where damage is found, the landlord doesn't automatically get full replacement cost — they get the cost of repair, or a fair proportion of replacement reflecting how much useful life remained.
Concrete examples
Carpets
Fair wear and tear: flattening in walking routes, slight colour fading, minor edge fraying after several years.
Damage: a cigarette burn, a wine stain that has gone through to the backing, a tear from moving furniture without care.
Walls and paint
Fair wear and tear: light scuffs around switches and door handles, small marks behind furniture, slight yellowing of paint over time.
Damage: a hole from a TV bracket, crayon drawings, large areas of mould caused by failing to ventilate, holes you've filled poorly.
Kitchens and bathrooms
Fair wear and tear: minor scratches on worktops, slight discolouration of grout, normal wear on tap finishes.
Damage: a burn mark from a hot pan placed directly on the worktop, chips taken out of an enamel bath, broken cupboard hinges.
Cleaning
A landlord can charge to return the property to the standard of cleanliness at the start of the tenancy — no better. If the inventory recorded it as “professionally cleaned,” they can charge for professional cleaning at the end. If it wasn't, they can only charge for the level of cleaning actually needed to match the start condition.
The role of dated evidence
Almost every fair-wear-and-tear dispute is decided on photographs. The strongest tenant position is a complete set of timestamped move-in photos, the original inventory, and matching move-out photos taken on the last day.
This evidence does three things:
- Anchors the start condition, so the landlord cannot claim something was new when it wasn't.
- Demonstrates the actual change over the tenancy, which the adjudicator can compare directly.
- Establishes the date — adjudicators take dated evidence far more seriously than undated photos that could have been taken at any time.
Once you have that record, fair wear and tear stops being a debate. If you're working back from a dispute, our guide on how to get your deposit back covers the full process.
What to do if you're charged for wear and tear
- Ask for itemised invoices, not estimates, for any deduction.
- Ask the landlord to state the original age of the item and its expected lifespan.
- Send them your dated move-in photos showing the original condition.
- If they won't revise the proposal, raise a dispute with your deposit protection scheme. ADR is free.