What counts as fair wear and tear with deposits?

Reasonable wear and tear

In UK law, wear and tear is defined as ‘reasonable use of the premises by the tenant and the ordinary operation of natural forces.’ In other words, it’s the unavoidable deterioration of items from everyday use over the years. No matter how well a tenant looks after a property, there will inevitably be things that need fixing or replacing.

Here are examples of reasonable wear and tear:

• Faded walls and scuffed skirting boards
• Worn carpets
• Small cracks in the plaster that develop over time
• Loose door handles and hinges
• Worn kitchen surfaces and minor scratches
• Fridges and ovens not working after reaching the end of their lifespans

Landlords can’t deduct the cost of fixing these things from a tenant’s deposit. They must accept a certain amount of depreciation as part of their ongoing expenses. Even if the written tenancy agreement doesn’t contain wording to this effect, the UK legal system protects tenants from being charged for fair wear and tear.

It’s also about preventing betterment. This is when the claim for damaged items leaves the property in a better position than at the start of the tenancy. Effectively, the landlord profits at the tenant’s expense. For example, if they replace a three-year-old fridge with a brand new one – and charge the tenant the whole amount – this would be unlawful.

When it comes to cleaning, however, the tenant must leave the property in the same condition they found it in. They can’t claim a dirty bathroom as reasonable wear and tear, for instance.

Unreasonable wear and tear

On the other hand, sometimes deterioration is caused by a tenant’s carelessness or misuse of the property, furniture or appliances.

For example:

• Considerable damage to the walls and skirting boards
• Carpet stains and burns
• Considerable scratches and burnt kitchen surfaces
• Fridges and ovens that are broken from misuse

Damage caused by tenants’ pets also falls into this category – for instance, chewed sofa legs or scratch marks on a rug.

Landlords can deduct the cost of fixing these things from a tenant’s deposit.

How to avoid disputes

If a tenant thinks the landlord has unfairly charged an amount, they can challenge this through their government-approved deposit protection scheme.

Of course, it’s much better if it doesn’t reach this stage. On the whole, it’s quicker and less stressful if landlords and tenants can resolve disagreements between them and, ideally, avoid conflict in the first place.

Good communication can work wonders. The landlord may arrange regular inspections with their tenant – for example, every 6 or 12 months – where they highlight any areas they’re worried about (and keep written records of conversations in case of future disputes). This can encourage the tenant to look after these parts of the property or, failing that, set the expectation that they may be charged for the damage.

If there is unreasonable wear and tear, the landlord should break down any costs to show exactly what needs work and how the amounts were calculated. This helps make the process more transparent for the tenant.

Working with experienced agents

Have you got any questions about deposits or another issue? Contact your local Winkworth office to talk to an experienced member of the team about your lettings.