Dilapidations
Quick answer
Damage or disrepair beyond fair wear and tear that a tenant is responsible for at the end of a tenancy — for example burns, stains, broken fittings or unauthorised alterations. A landlord can propose deposit deductions for dilapidations, but must evidence them and cannot charge to improve the property beyond its original condition.
At a glance
- Covers
- Damage beyond fair wear and tear
- Evidence
- Check-in vs check-out inventory + photos
Full guide
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Open full guideWhy Dilapidations matters for landlords
Dilapidations are the single biggest source of deposit disputes, and the deposit scheme adjudicator decides them on evidence, not assertion. Without a signed check-in inventory with dated photographs to compare against the check-out, a landlord almost always loses, because the burden is on them to prove the damage and its cost. Deductions must also account for the age and condition of the item (see betterment), so a claim for a brand-new carpet to replace a worn ten-year-old one will be reduced.
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Official sources
LetCompliance editorial reviews this entry every quarter against the sources above. Always confirm specific duties with a qualified solicitor or your local council.
Related terms
Betterment
The principle that a landlord cannot end up better off at the tenant’s expense when claiming for damage. A deposit deduction must reflect the actual loss, accounting for the age, condition and expected lifespan of the item — so you cannot charge the full cost of a new item to replace an old, worn one.
Fair Wear and Tear
The reasonable deterioration of a property and its contents from normal day-to-day use over the length of the tenancy. A landlord cannot make deposit deductions for fair wear and tear — only for damage, cleaning or loss beyond it. What counts as fair depends on how long the tenant lived there and how many people occupied the property.
Decent Homes Standard (DHS)
A government standard for minimum housing quality: free of Category 1 HHSRS hazards, in a reasonable state of repair, with reasonably modern facilities and reasonable thermal comfort. It currently applies to social housing. The Renters’ Rights Act 2025 provides the power to extend it to the private rented sector, but the regulations have not been made — the Government’s implementation roadmap proposes 2035 or 2037, so it is not a duty on private landlords today.
Deposit Cap
The limit on tenancy deposits set by the Tenant Fees Act 2019. Five weeks' rent where annual rent is under £50,000, six weeks' rent where rent is £50,000 or more. Holding deposits are separately capped at one week's rent.
Deposit Protection Scheme
A government-authorised scheme that holds or insures tenancy deposits. Three schemes are approved in England: DPS (Deposit Protection Service), TDS (Tenancy Deposit Scheme) and mydeposits. Deposits must be protected within 30 days of receipt.
Disrepair
A property condition falling below the landlord’s repairing obligations under Section 11 of the Landlord and Tenant Act 1985 or the Homes (Fitness for Human Habitation) Act 2018. Tenants can sue for damages and specific performance. Disrepair is not in itself a defence to a possession claim, but a damages counterclaim can be set off against rent arrears — which can drop the arrears below the Ground 8 threshold — and it weighs against the landlord on the reasonableness test for discretionary grounds.