Fair Wear and Tear vs Damage — How to Tell the Difference in Deposit Disputes

What Is Fair Wear and Tear?

Fair wear and tear is the gradual, unavoidable deterioration of a property and its contents through ordinary, reasonable everyday use. A landlord cannot deduct from a security deposit to repair or replace items that have simply aged or worn through normal habitation. This principle is enshrined in common law and consistently upheld by deposit scheme adjudicators and the courts.

The concept exists because a property is not returned to the landlord in a showroom condition — it is returned having been lived in. Expecting a tenant to fund a landlord's ongoing maintenance obligations would be unreasonable.

Check our [rental deposit calculator](/rental-deposit-calculator) to confirm your deposit was correctly calculated under the Tenant Fees Act 2019 cap before considering any deduction dispute.

Why It Matters

Fair wear and tear is the single most common source of deposit disputes in England. Landlords routinely propose deductions for items that fall squarely within expected deterioration, while tenants sometimes struggle to articulate why such deductions are not legitimate.

Deposit scheme adjudicators at TDS, DPS, and myDeposits apply the fair wear and tear test to every disputed item, taking into account:

• The **length of the tenancy** — longer tenancies produce more wear
• The **age and condition** of the item at the start of the tenancy
• The **number of occupants** — more people means more wear
• The **nature of the item** — soft furnishings and carpets wear faster than tiled floors

Fair Wear and Tear — Examples

The following are generally accepted as fair wear and tear and **cannot** be deducted from the deposit:

**Decoration**

• Scuffs and minor marks on walls from furniture being moved or doors swinging
• Fading or slight discolouration of paint after 3–5 years
• Minor scratches on skirting boards at floor level
• Small nail or pin holes from pictures (reasonable number)

**Flooring**

• General flattening and dulling of carpet pile after normal use
• Minor surface scratches on hardwood or laminate flooring from furniture
• Slight discolouration near entrance points from foot traffic

**Kitchen and Bathroom**

• Limescale buildup on taps and showers (where hard water is the norm)
• Slight surface scratches on worktops from normal food preparation
• Minor discolouration of grout over time
• Tarnishing of chrome fittings

**Furniture and Fixtures**

• Slight loosening of hinges and door handles after years of use
• Minor fading of upholstery due to sunlight
• Worn cushion covers or fabric on chairs used daily

Damage — Examples

The following are generally treated as **damage** and a landlord can legitimately claim:

The Role of the Check-In Inventory

The most important factor in any wear-and-tear dispute is the **check-in inventory**. If the inventory notes that a carpet was already worn at the start of the tenancy, the landlord cannot claim for its replacement at the end. If the inventory shows brand-new carpets in good condition, the landlord has a stronger case for claiming deductions for new damage.

An inventory that was never signed by the tenant, or that was not prepared at move-in, dramatically weakens a landlord's position in any dispute.

How Adjudicators Apply the Test

When a dispute is raised with TDS, DPS, or myDeposits, adjudicators use the following framework:

1. **Was the damage present at check-in?** If so, no deduction.

2. **Is the deterioration consistent with normal use over the tenancy period?** If so, fair wear and tear.

3. **Does the damage exceed what normal use would produce?** If so, the landlord may claim — but only the excess beyond normal wear.

4. **Has betterment been applied?** The deduction must reflect the item's age and remaining useful life, not the full cost of a new replacement.

Practical Tips for Tenants

• Take **date-stamped photographs and video** of every room at move-in, including pre-existing marks, worn areas, and damaged items
• Note every defect on the check-in inventory and keep your signed copy
• At move-out, take the same quality of photographs before handing back the keys
• Return the property in the same general state of cleanliness and condition as move-in (accounting for fair wear)
• Do not deep-clean areas that were not clean at move-in — you are not obliged to upgrade the property beyond the standard it was in when you received it