Fair Wear and Tear vs Damage: A Practical Guide for Letting Agents
Short answer: fair wear and tear is the deterioration you'd expect from normal, reasonable use over time. Damage is harm beyond that, caused by accident, neglect or misuse. Deposit adjudicators use the legal idea of the "reasonable operation of natural forces", and they decide each case on the evidence. For an agency running dozens of check-outs a year, the outcome usually rests on how well the check-in and check-out reports compare.
Disclosure: we make Landlord HQ, an iPhone app for inspections, reports and compliance documents.
What the deposit schemes say
The Deposit Protection Service (DPS) explains that adjudicators "can only fall back on the legal definition of fair wear and tear, which is the 'reasonable operation of natural forces'". It also says landlords can only claim for excessive wear and tear, because that counts as a claim for damages, and that a landlord should not end up "in a better position than they were at start of the tenancy" (DPS common dispute questions).
If the landlord and tenant can't agree, the deposit protection scheme offers a free dispute resolution service, and its decision is final if both sides use it (gov.uk: deposit disputes). Your reports are the main thing the adjudicator will read.
Factors adjudicators weigh
The DPS says there are "many variable factors" affecting fair wear and tear and that it looks at the evidence to reach a reasonable conclusion. In practice, agents should record the things that make that judgement possible:
- Length of tenancy. Scuffs after five years read differently from scuffs after six months.
- Number and type of occupants. A family with young children or a shared house will wear a property faster.
- Age and condition at check-in. A carpet that was already ten years old can't be charged as new.
- Quality of the item. Budget fittings wear faster than better ones.
Typical examples
| Usually fair wear and tear | Usually damage |
|---|---|
| Light scuffs on walls along furniture lines | Holes, crayon or large stains on walls |
| Carpet flattened along walkways | Burns, pet damage or large stains on carpet |
| Sun-faded curtains | Torn curtains or broken poles |
| Loose door handles from regular use | Broken doors or kicked-in panels |
| Minor wear on worktops | Knife cuts or heat burns on worktops |
These are illustrations, not rules. Each dispute turns on the evidence and the condition recorded at the start.
Recording condition so the comparison works
Our landlord inspection checklist covers what to check in each room, and our property inventory template covers inventory layout. For wear-and-tear disputes, focus on these habits:
- Describe, don't just grade. Note size, location and age ("15 cm scuff, left of bedroom door").
- Use every rating honestly. Average and Requires Improvement are useful ratings. When you use them, add a comment and photos saying what you saw, so the next report can show whether anything has changed.
- Photograph wide and close. A wide shot shows where something is, and a close-up shows how bad it is.
- Match check-out to check-in. Use the same room order and wording so the adjudicator can compare like with like.
- Give the tenant a copy and a chance to comment. Keep a dated record of sending it. The DPS also lists signed interim inspection reports as useful evidence, so mid-tenancy visits help too.
You can download our free printable inspection checklist to keep your team consistent.
Damp, mould and HMOs
Mould is a common argument at check-out: is it the tenant's ventilation habits or a building defect? Our damp and mould inspection guide covers how to record it. For shared houses, see our HMO inspections guide, and for agency workflows see our inventory app guide for letting agents.
Where Landlord HQ fits
Landlord HQ lets you run move-in, interim and move-out inspections room by room, rating each area Good, Average or Requires Improvement with notes and photos. You then produce a timestamped PDF report and email it to the tenant from the app. If you'd like to try it on your next check-out, get Landlord HQ Pro on the App Store.
Honest limits for agencies: it's iPhone only, data syncs through iCloud on one person's own devices, and there are no team accounts, client portals or integrations. It suits agencies where one person does the inspections.
FAQ
What is fair wear and tear?
Deterioration from normal, reasonable use over time. Deposit adjudicators use the legal definition, the "reasonable operation of natural forces".
Can a landlord deduct for fair wear and tear?
No. Deductions can only cover damage or excessive wear beyond fair wear and tear, and the landlord shouldn't end up better off than at the start of the tenancy.
Does the length of the tenancy matter?
Yes. Adjudicators weigh factors such as tenancy length, number of occupants and the age and condition of items at check-in.
What happens if the landlord and tenant can't agree?
Either can use the deposit protection scheme's free dispute resolution service. If both agree to use it, the decision is final.
How much does Landlord HQ cost?
Free covers 1 property, 1 inspection and 1 compliance document. Plus is £7.99 one-off for up to 4 properties. Pro is £19.99 one-off for unlimited properties. There's no subscription.
| Plan | Price | Includes |
|---|---|---|
| Free | £0 | 1 property, 1 inspection, 1 compliance document |
| Plus | £7.99 one-off | Up to 4 properties, unlimited inspections and compliance documents |
| Pro | £19.99 one-off | Unlimited properties, inspections and compliance documents |
Sources
- DPS, common dispute questions (fetched 4 Nov 2026): depositprotection.com
- Gov.uk, tenancy deposit protection: disputes and problems (fetched 4 Nov 2026): gov.uk
- Landlord HQ features: landlord-hq.co.uk