Understanding fair wear and tear vs property damage

Many contract-holders are already familiar with the idea of fair wear and tear, but it’s always worth a quick refresher – especially when it comes to getting your full deposit back when the time comes to move out. 

The term ‘fair wear and tear’ covers the kind of gradual aging or light deterioration that naturally happens in a home over time - things like faded paint, worn carpet in high-traffic areas or minor scuffs from day-to-day living.

Conversely, property damage goes beyond that. It refers to avoidable issues caused by accidents or neglect - things that require repairs or replacements outside what would reasonably be expected during a tenancy.

Understanding deposit deductions and ‘betterment’

Where property damage has clearly occurred, rules are in place to prevent landlords from continually purchasing brand new items at full expense to contract-holders. ‘Betterment’ describes a situation where a person ends up in a better position (financially or materially) than they were originally. In short, it prevents landlords replacing what was an already-dated piece of furniture or appliance with a brand new purchase, and then charging the contract-holders(s) the full cost of said replacement. 

Instead, the law states that landlords can charge a sum based on the life expectancy of an item. For example, let’s say the average lifespan of a mattress in a rented property is five years. If the mattress is damaged beyond fair wear and tear after two years and requires replacement, the landlord is allowed to claim 60% of the cost (the equivalent of the three years of its remaining lifespan) from the deposit and will need to bear 40% of the cost (the two years they have had use of the mattress) themselves. 

Why do disputes happen? 

Nobody enjoys deposit disputes. Landlords (and letting agents!) would much rather return deposits in full, as it’s far quicker and easier that way for everyone involved. However, when conducting a check-out inspection just before occupants leave, we can only go by what's in front of us, so if there wasn’t a stain on the mattress noted within the inventory signed at the commencement of the tenancy and there is one at the end, it will result in a charge to the contract-holder unless they can prove – by way of a photo or a video – that it was present upon arrival. That’s why, in addition to annotating the inventory, we always ask our contract-holders to take dated photographic evidence. 

We feel it's important to point out that it's not uncommon for there to be a deposit dispute at the end of a tenancy. Quite rightly, contract-holders are keen to receive as much of their deposit back as possible, whereas landlords would like to be compensated for any dilapidation they believe is not a result of wear and tear. So, by virtue of their own standpoints, deposit claims are a contentious matter, but thankfully most disputes are resolved very quickly and amicably. That is always our aim. 

Unsure whether something counts as wear and tear or damage? Please send a photo of the issue to us via cpshomes.co.uk/report along with a description of what you're reporting, and we'll be sure to take a look. If anything is your responsibility, we have a list of contractors we can share with you, including our cleaners who will guarantee to indemnify you against any cleaning-related charges that may arise from your check-out, so you’ll have the peace of mind that there won’t be any further costs.