What is fair wear and tear?

Fair wear and tear is the reasonable, natural deterioration of a rental property or its contents over time due to normal, everyday use. Your landlord cannot deduct from your deposit for damage caused by fair wear and tear.

Fair wear and tear is probably the single most disputed concept when it comes to deposits. The principle is simply that things wear out through normal use, and that natural deterioration is the landlord's responsibility, not yours. Carpets fade and flatten, walls pick up minor marks, paintwork yellows, hinges loosen, and sealant discolours. None of that is damage; it's the unavoidable result of someone living in a property, and your landlord cannot charge you for it β€” but, unfortunately, many will try and succeed.

The difficulty is that there's no legal definition of fair wear and tear. There is no checklist, no formula, and no fixed standard. What counts as fair wear and tear depends on the age of the property, the quality of the fixtures and fittings, the length of the tenancy, and the number of occupants. A carpet in a one-bed flat occupied by a single person for six months will show less wear than the same carpet in a three-bed house occupied by a family with children for three years. Both can be fair wear and tear.

Adjudicators at the deposit protection schemes assess fair wear and tear on a case-by-case basis, considering the evidence from both parties. The key question is whether the deterioration goes beyond what would reasonably be expected given the circumstances. A small scuff on a hallway wall after two years is wear and tear, but a large hole punched through plasterboard is obvious damage. However, the line between the two isn't always so obvious, and that is where evidence matters.

The strongest way to defend against unfair deductions is to have clear, timestamped evidence of the property's condition at both move-in and move-out. If your photos show that an item was already showing wear when you arrived, and the landlord claims the same wear as "damage" when you leave, the adjudicator can see that nothing has changed beyond what should be expected.

Frequently asked questions

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Who decides what counts as fair wear and tear?

In a deposit dispute, the adjudicator at the deposit protection scheme makes the final decision. They assess the evidence from both sides and use their professional judgement to determine whether the deterioration is consistent with normal use over the length of the tenancy.
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Can my landlord charge me for repainting at the end of the tenancy?

Only if the condition of the walls goes beyond fair wear and tear. Minor scuffs, nail holes from hanging pictures, and slight discolouration from furniture are generally considered normal wear. Significant damage like large stains, crayon marks, or holes would go beyond fair wear and tear and could justify a deduction, subject to apportionment.
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Does the length of the tenancy affect fair wear and tear?

Yes, the longer you live in a property, the more wear and tear is expected. A carpet showing visible wear after five years of use is almost certainly fair wear and tear. The same level of wear after three months might indicate damage. Adjudicators consider the length of the tenancy as a key factor in their assessment.
Helping UK renters stop unfair deposit deductions.
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