Fair wear and tear is the main reason landlords lose deposit disputes. Most tenants don't wreck properties, and most landlords aren't trying to profit. The trouble is that a worn carpet looks very different to each side.
At InventoryFlex we've completed more than 15,000 inspections across London, Essex and Kent. That gives us a clear view of where the line falls in practice, and of what evidence wins at adjudication.
Fair wear and tear is the gradual deterioration of a property and its contents caused by normal, everyday living. The Tenancy Deposit Scheme (TDS) describes it as reasonable deterioration over time from ordinary use during a tenancy.
The legal benchmark comes from the House of Lords: deterioration resulting from the tenant's reasonable use of the property and the ordinary operation of natural forces.
The key rule for landlords is simple. You cannot deduct from a deposit for fair wear and tear. You can only claim for damage, missing items or cleaning that goes beyond it.
A useful test: would this have happened anyway, with a careful tenant living there for the same length of time? If yes, it's almost certainly fair wear and tear.
The same item can fall on either side of the line. What matters is the cause and the extent.
One important point: cleaning is not wear and tear. The property must be returned as clean as it was at check-in. A dirty oven or limescale-coated shower is a cleaning issue, not age.
There's no fixed list. Adjudicators at TDS, DPS and mydeposits weigh up the circumstances of each tenancy:
If there's no reliable check-in record, adjudicators generally can't award for damage, however obvious it looks at the end.
Usually, yes. Flattened pile, light fading and wear along walkways are expected, especially in hallways and on stairs. Burns, bleach marks, large stains and pet damage are not. Even where there is damage, the landlord can usually only claim a proportion of the cost, based on the carpet's age.
Light scuffs, furniture marks and a few small picture-hook holes are normally fair wear and tear. Many holes, large fixings, Blu Tack stains across several walls, or a room painted a different colour without permission usually count as damage.
It depends on the cause. Mould from damp, a leak or a structural defect is the landlord's responsibility. Mould caused by the tenant, for example blocking vents or drying washing indoors without opening windows, may be claimable. Check-out reports should record ventilation, extractor fans and any damp signs so the cause can be judged. Read more in our guide to damp and mould in rental properties.
No. Dirt is not deterioration. If the check-in inventory records a professionally cleaned property, the tenant is expected to return it to that standard. Cleaning is one of the most common, and most successful, deposit claims.
Even when damage is proven, a landlord can't claim the full cost of a brand-new replacement. That would leave them better off than before the tenancy, which adjudicators call betterment. Instead, the claim is reduced to reflect the item's remaining useful life.
Fair claim = replacement cost × (remaining lifespan ÷ expected lifespan)
Worked example: a carpet cost £1,000 and is expected to last 8 years. It was 4 years old at check-in and the tenant left it burnt after a 2-year tenancy. It had 2 years of life left out of 8, so the fair claim is £1,000 × 2 ÷ 8 = £250, not £1,000.
Typical expected lifespans used as a starting point (quality and use will change these):
Adjudicators may also award a smaller sum for loss of lifespan or a repair, rather than replacement, where an item is still usable. A check-in inventory that records each item's age and condition makes this calculation straightforward.
The burden of proof sits with the landlord. Without a clear record of the property at the start, you can't show that anything changed. That is why a professional inventory is the single best protection against wear and tear disputes.
A strong report includes:
The Renters' Rights Act 2025 moves most tenancies in England onto rolling periodic agreements, with no fixed end date. Tenancies may run longer, and end at less predictable times. Tenants can also ask to keep pets, which landlords should not unreasonably refuse.
For landlords, that means more wear to account for and a greater need for a dated, detailed baseline from day one. Mid-term inspections become more valuable when you don't know when a tenancy will end.
No. Deductions are only allowed for damage, missing items, unpaid rent or cleaning beyond the check-in standard.
Yes. The longer the tenancy, the more deterioration is expected and accepted.
Only for damage beyond normal use, and usually only a proportion based on how old the paintwork was.
The landlord or agent. Adjudicators rely on the check-in inventory, check-out report and photos.
Typically 5–10 years, depending on quality, the number of occupants and whether pets are allowed.
InventoryFlex is an AIIC- and ARLA Propertymark-accredited inventory company. We won AIIC Best Newcomer Award 2024 and AIIC Newcomer 2025, and we've completed 15,000+ inspections for landlords and agents including Foxtons, Winkworth and Romans & Partners.
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