Your tenant has moved out. The hall carpet is thin, there's a burn by the sofa and the walls are scuffed. Which of those can come out of the deposit? It turns on “fair wear and tear”, the single most misunderstood phrase in lettings, and misunderstanding it is why landlords lose deposit disputes.
The rule is blunt: you cannot charge the deposit for the ordinary deterioration that comes from normal living. You can charge for damage, neglect or missing items, but only if you can prove the before-and-after.
This guide, for landlords and agents alike, covers where the line actually falls, the betterment principle that catches landlords out, and the evidence that wins (or loses) the adjudication.
General information, not legal advice. Deposit adjudication is evidence-driven and fact-specific; on a contested claim, follow your scheme’s process carefully.
What fair wear and tear actually means
Fair wear and tear is the reasonable deterioration of the property and its contents from normal use over the length of the tenancy. Carpets thin in walkways. Paintwork scuffs. Hinges loosen. A tenant who lived there for three years will leave more wear than one who stayed six months, and that's expected: it is priced into the rent, not the deposit.
What it is not: a burn in the carpet, a cracked worktop, mould from never opening a window, a missing appliance, or a garden left a wreck. That is damage or neglect, and that you can claim for, proportionately.
Proving which is which is the whole job, and it starts on move-in day. On Portfolio plans and above, from £19 a month, LetCompliance builds the check-in inventory room by room with photos for the tenant to sign in the app, runs the check-out against it, and exports the evidence as a deposit dispute pack for TDS, DPS or mydeposits. Get started
Fair wear and tear vs damage: worked examples
The line is easiest to see side by side. Everything on the left is normal use you cannot charge for; everything on the right is damage or neglect you can claim for, on a depreciated basis.
| Fair wear and tear, not chargeable | Damage or neglect, chargeable (depreciated) |
|---|---|
| Carpet thinned along walkways and doorways | Burns, stains, tears or pet damage to the carpet |
| Light scuffs and small marks on paintwork | Crayon, holes, or a bold repaint that needs extra coats to cover |
| Curtains faded by sunlight | Ripped, torn or cigarette-burned curtains |
| Loose hinges and worn handles | Doors off their hinges, snapped handles, forced locks |
| Minor surface wear to a worktop | Cracked, scorched or deeply scratched worktop |
| Light limescale on taps and tiles | Black mould from never ventilating, a broken toilet seat |
| Grass long after a growing season | Garden left a wreck, beds dead through neglect, rubbish left behind |
| A tired but working appliance | A missing appliance, or one broken through misuse |
If an item is genuinely a mix (a carpet that is both worn and stained), you can only claim the share attributable to the damage, reduced for the age the carpet had already reached.
The betterment rule that catches landlords out
A mistake that loses a lot of deposit claims is asking for new-for-old. If a tenant damages an eight-year-old carpet with a ten-year lifespan, you are not entitled to a brand-new carpet at their expense. They owe the remaining value of the old one, which is small.
Adjudicators apply betterment: you cannot end up in a better position than you started. They weigh:
- the age and quality of the item and its expected lifespan,
- its condition at check-in,
- the length of the tenancy and number of occupants,
- and whether the cost claimed reflects depreciation, not replacement.
Claim full replacement for a worn item and the whole claim looks unreasonable, which weakens even the parts that were fair.
How long things are meant to last: the depreciation guide
Because you can only claim the remaining value of a damaged item, you need its expected lifespan. There are no fixed statutory figures. These are rough guideline lifespans, and quality, use and your evidence all move the number:
| Item | Rough guideline lifespan |
|---|---|
| Budget carpet | ~5 years |
| Good-quality carpet | 7–10 years |
| Vinyl or laminate flooring | ~10 years |
| Paint and decoration | 3–4 years |
| Curtains and blinds | ~5 years |
| Upholstered sofa | ~10 years |
| Mattress | 7–10 years |
| White goods (washing machine, fridge) | 5–8 years |
| Solid or hardwood furniture | 15–20 years |
The maths is simple: remaining value = original cost × (years of life left ÷ total lifespan). A £600 carpet with a 10-year life, damaged after 7 years, has 3 years (30%) of its life left, so the most you can fairly claim is around £180, and only if the damage (not the normal wear) is what made replacement necessary. Ask for the full £600 and you are claiming new-for-old, which is exactly the overreach that sinks claims. On Portfolio plans and above (from £19 a month), the deposit deduction software in LetCompliance runs the same sum for each item that got worse between check-in and check-out, from the replacement cost, age and expected life you enter, then applies the tenant's share of responsibility.
The evidence that decides it: check-in vs check-out
Every deposit dispute is decided on one question: can you show the condition at the start versus the end? That comes down to a check-in inventory and a check-out report, both with dated, captioned photographs.
Without a proper check-in, adjudicators have no baseline, and the default is to return the deposit to the tenant, because the burden of proof is on the landlord. With a clear check-in, a matching check-out, and photos that show the same spot before and after, a fair claim is straightforward to win. The full system is in the rental inventory and check-in guide, and the scheme differences are in the TDS vs DPS vs mydeposits comparison.
How the claim works in practice
At the end of the tenancy:
- Compare check-out to check-in, item by item, and separate fair wear and tear from damage.
- Price each damage item on a depreciated basis, with a quote or invoice where you can.
- Propose deductions to the tenant in writing with the evidence attached, and try to agree.
- If you cannot agree, raise it through the scheme’s dispute resolution and submit the inventory, photos and costings.
A deposit deduction is only ever worth what you can evidence. A reasonable, documented, depreciated claim usually settles; an inflated new-for-old claim usually fails.
What about cleaning?
Cleaning is the single most common deposit deduction, and one of the most disputed. Two rules keep you safe. First, under the Tenant Fees Act 2019 you cannot require a tenant to pay for professional cleaning as a condition of the tenancy; a "must be professionally cleaned" clause is a banned fee and will not be enforced. Second, you can still deduct at the end for cleaning needed to bring the property back to the standard of cleanliness recorded at check-in, not to a "professional" or "better than you found it" standard.
The test is always the check-in baseline. If your inventory recorded the property as clean, with photos, a genuinely dirty check-out is straightforward to charge for. Betterment applies here too: you cannot use the deposit to leave the property cleaner than the tenant found it.
Does the Renters' Rights Act change any of this?
No. The fair wear and tear principle and the betterment rule are unchanged by the Renters' Rights Act 2025. Deposits are still capped under the Tenant Fees Act, still protected in TDS, DPS or mydeposits, and disputes are still decided by the scheme's adjudication on the same check-in-versus-check-out evidence.
What is coming around it: once the landlord ombudsman opens (membership is expected to become mandatory in 2028), a tenant who feels a deduction is unfair will gain a further complaints route alongside the deposit scheme. That won't change what you can charge. It just raises the cost of an unevidenced or inflated deduction, so keep every claim proportionate and documented.
For agents: the deposit return is where reputations are made
For a managed property, the end-of-tenancy deposit return is the moment both landlord and tenant judge you. A weak or missing check-in inventory is the most common reason a managed deposit claim collapses, and a tenant who feels unfairly charged is the most likely to complain to a redress scheme. The branches that hold landlord instructions are the ones that do a thorough, photo-evidenced check-in on every tenancy, so the check-out claim, when it is needed, is defensible.
Making the evidence a by-product, not a scramble
The reason fair claims fail is rarely that the landlord was wrong; it is that the evidence was never captured properly. The check-in was a few phone photos, the check-out months later, and nothing lines up.
In LetCompliance the check-in inventory is part of letting the property, not a separate job. You build it room by room with photos, the tenant signs it in the app, and at the end you run a check-out report against it. The condition notes, dated photos and tenant signature then export together, on paid plans, as a single deposit dispute pack for TDS, DPS or mydeposits. The baseline is captured the day the tenant moves in, on the same record as the tenancy and the deposit, so the conversation at the end is evidence-led, not a memory test.
The one-line takeaway
You cannot charge the deposit for fair wear and tear, only for damage, neglect or missing items, and only on a depreciated basis. The check-in inventory is what proves the difference; without it the deposit goes back to the tenant. Capture the baseline on day one and the end is simple.
From £7.99 a month, get started with LetCompliance to build signed check-in inventories and, on paid plans, a one-click deposit dispute pack, or read the full inventory and check-in guide first.
Sources and scope
- GOV.UK: Renting out a property
- GOV.UK: Your landlord’s safety responsibilities
- HSE: Gas safety in rented properties
Every figure on this page is cited to GOV.UK, legislation.gov.uk or HSE and reviewed against the live source every quarter. This is guidance, not individual legal advice.
New Tenancy Document Checklist
What to give a new tenant in England, and when: before the tenancy is agreed, before they move in, and within 30 days of taking the deposit. With the source and the penalty for each.
- Written statement of terms before the tenancy is agreed
- Gas, electrical and EPC certificates before move-in
- Deposit protection and prescribed information within 30 days
- What not to give a new tenant any more
Frequently asked questions
Can a landlord charge the deposit for fair wear and tear?
No. Fair wear and tear is the reasonable deterioration of the property from normal use over the tenancy, and it cannot be charged to the deposit. You can only deduct for damage, neglect or missing items, and only on a depreciated basis (not new-for-old).
What is the betterment rule in a deposit dispute?
Betterment means you cannot end up better off than you started. If a tenant damages an older item, you are owed its remaining (depreciated) value, not a brand-new replacement. Adjudicators weigh the item’s age, quality, expected lifespan, the length of the tenancy and the number of occupants. Claiming full replacement for a worn item usually sinks the whole claim.
What evidence do I need to win a deposit deduction?
A check-in inventory and a check-out report, both with dated, captioned photos showing the same areas before and after. Without a proper check-in baseline, the adjudicator defaults to returning the deposit to the tenant, because the burden of proof is on the landlord.
How do I price a damage deduction fairly?
On a depreciated basis: take the item’s original value, account for its age against its expected lifespan, and claim the remaining value, backed by a quote or invoice where possible. Propose the deductions to the tenant in writing with the evidence, and use the scheme’s dispute resolution if you cannot agree.
How much can a landlord charge for carpet damage?
Only the remaining (depreciated) value of the carpet, not the cost of a new one. As a rough guide, a good-quality carpet lasts 7–10 years. A £600 carpet with a 10-year life that is damaged after 7 years has about 30% of its life left, so a fair claim is around £180. Even then, only where genuine damage (a burn, stain or tear), not normal wear, made replacement necessary.
Can a landlord charge for cleaning from the deposit?
Yes, but only to return the property to the standard of cleanliness recorded at check-in, not to a "professional" or better-than-you-found-it standard. Under the Tenant Fees Act 2019 you cannot require the tenant to pay for professional cleaning as a condition of the tenancy; that clause is a banned fee. A genuinely dirty check-out, evidenced against a clean check-in inventory, is chargeable.
How long is a carpet expected to last for a deposit claim?
There is no fixed statutory figure, but as a rough guide a budget carpet lasts around 5 years and a good-quality carpet 7–10 years. The older the carpet, the smaller any damage claim, because you can only recover its remaining value against that lifespan.
Can a landlord charge for scuff marks or repainting?
Light scuffs and small marks are fair wear and tear and cannot be charged. You can claim for deliberate damage (holes, crayon, or a bold colour the tenant painted that needs extra coats to cover), but only on a depreciated basis. Decoration is usually treated as lasting only 3–4 years, so an older paint job has little residual value to claim.
