Fair Wear and Tear
Quick answer
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.
At a glance
- Not deductible
- Normal-use deterioration over time
- Depends on
- Length of tenancy and number of occupants
Full guide
Read the complete landlord guide on Fair Wear and Tear
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Open full guideWhy Fair Wear and Tear matters for landlords
Fair wear and tear is the dividing line every deposit dispute turns on: faded paint, lightly worn carpets in walkways and small scuffs after a multi-year tenancy are the landlord’s cost, not the tenant’s. Deposit scheme adjudicators apply it strictly and expect landlords to allow for the tenancy length and household size. A dated, signed inventory at check-in and check-out is the only reliable way to separate genuine damage from fair wear and tear.
Worked example
After a four-year tenancy, Dan finds the hallway carpet worn along the main walkway and the magnolia walls faded and scuffed. He wants to deduct £700 for a new carpet and £400 to redecorate. The deposit scheme adjudicator refuses both: carpet wear along the walkway over four years and multiple occupants is fair wear and tear, and faded paint is normal ageing, not damage. A burn or a pet stain would be damage — but even then, betterment rules would cut a claim on an already part-worn carpet to its remaining value. Without a dated check-in inventory, Dan could not have proved his case anyway.
Illustrative scenario based on real UK landlord casework patterns. Names and addresses are fictitious.
Common Fair Wear and Tear mistakes UK landlords make
- Charging for normal-use wear (faded paint, walkway carpet wear) as if it were damage.
- Claiming new-for-old — betterment reduces any award to the item’s remaining value.
- No dated check-in/check-out inventory, so the burden of proof defeats the claim.
What to do this week
- Take a dated, signed check-in inventory with photographs at the start of every tenancy.
- Repeat it at check-out and compare like-for-like to separate damage from wear.
- Apportion any claim for the item’s age and remaining lifespan, not full replacement.
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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
Dilapidations
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.
Inventory (Inventory Clerk)
The detailed, photographed schedule of the property’s condition and contents at the start of a tenancy, used as the comparison baseline at check-out for deposit deductions. A professionally prepared inventory by an APIP / AIIC-accredited inventory clerk costs typically £80–£200 depending on property size and is the strongest evidence base for the DPS, TDS or mydeposits adjudication process. The Renters Rights Act 2025 strengthens tenant rights to challenge unfair deductions, raising the evidentiary bar for landlords.
Schedule of Condition
The room-by-room photographed report of the property’s condition at check-in (and updated at check-out). Distinct from the Inventory (which lists items and their condition); Schedule of Condition focuses on the fabric of the property: walls, floors, fittings, decoration. Together they form the deposit deduction evidence base. Required to win a fair-wear-and-tear contested deduction at the DPS, TDS or mydeposits adjudication; absence usually means the deposit is returned in full to the tenant.
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.
First-tier Tribunal (Property Chamber)
The specialist tribunal that decides most private-rented-sector disputes in England outside the county court. It hears challenges to Section 13 rent increases, applications for Rent Repayment Orders, appeals against council civil penalties and licensing decisions, and leasehold service-charge disputes. It is designed to be used without a solicitor, and its decisions are binding.
Fitness for Human Habitation
The standard set by the Homes (Fitness for Human Habitation) Act 2018. Every rented home must be fit for habitation at the start of the tenancy and throughout. Tenants can sue the landlord directly for breach, without involving the local authority.