What Is 'General Wear & Tear'? What is Classed as Wear and Tear on a Rental Property and Who Pays for it?

When renting a property, there is almost always a check-in inventory inspection carried out that documents in great detail the contents and condition of the property. This is agreed upon by both the tenant and the landlord and forms the basis for the end-of-tenancy inspection, where the property is re-inspected and compared to the condition at the beginning.

In some cases, landlords will justifiably propose deductions from the deposit paid at the start of the tenancy to cover damage to the property. However, there is often confusion between what constitutes accidental damage and what falls under normal wear and tear.

In this guide, we’ll explore the meaning of general wear and tear, what is considered wear and tear in rental properties, and introduce the concepts of betterment and apportionment.

What Is the Definition of Wear and Tear?

Wear and tear is generally defined as the damage caused to fixtures, fittings, furniture, and flooring due to reasonable use of the property by the tenants during their tenancy. However, there is no specific legal definition, making it somewhat subjective to assess.

The House of Lords defines fair wear and tear as being caused by the “reasonable use of the premises by the tenant and the ordinary operation of natural forces.”

When assessing wear and tear, landlords should consider the following factors:

• Quality of Fixtures and Fittings: Lower-quality materials may deteriorate faster than higher-quality ones.
• Reasonable Use: Tenants are expected to take care of the property and avoid negligence.
• Duration of Tenancy: A longer tenancy will naturally lead to more wear and tear on domestic items.
• Number of Occupants: A single tenant is likely to cause less wear than a family with children or pets.

What Is ‘Fair Wear and Tear’?

The concept of fair wear and tear builds on the definition of general wear and tear. It considers not only natural wear from everyday use but also the context and fairness of the situation.

Factors That Determine Fair Wear and Tear

Fair wear and tear depends on several factors:

1. Length of Tenancy: A longer tenancy will naturally lead to more wear and tear on the property over time.
2. Number of Occupants: More occupants—such as families with children or pets—are likely to contribute to greater wear.
3. Initial Quality: Low-quality fixtures and furnishings tend to wear out faster than high-quality ones.
4. Type of Use: Heavy daily use (e.g., high-traffic carpets) will show more wear over time than lightly used areas.

Examples of Fair Wear and Tear

1. Carpets: Flattening in high-traffic areas or fading over time due to sunlight exposure.
2. Walls: Scuff marks from furniture or minor chips in paint due to daily activities.
3. Curtains: Fading from sunlight or loose stitching from regular use.

Fair Wear and Tear vs. Damage

• Fair Wear and Tear: Expected deterioration caused by normal use (e.g., worn carpet, faded paint, or loose door handles).
• Damage: Caused by negligence, accidents, or misuse (e.g., damage to carpet, broken windows, or deliberate damage to walls).

What Is Classed as Wear and Tear on a Rental Property?

Wear and tear comes in many forms. The following are commonly classed as wear and tear:

Carpets and Flooring

• Normal scuffs and small scratches are expected.
• FAQs We Get Asked:
  • “Are floor scratches wear and tear?” – It depends. Minor scuffs or scratches from careful use are acceptable. However, deep gouges caused by dragging furniture carelessly would not qualify as normal wear and tear.
  • “What about stains on carpets?” – If tenants have made a reasonable effort to clean the carpet, marks from everyday use could be considered wear and tear. However, serious stains, burns, or tears would typically be considered damage.

Walls

• Scuff marks from furniture or minor chips are normal.
• Gouges, large holes, or damage caused by carelessness—such as hammering nails into walls without permission—are considered damage.

Furniture and Curtains

• General fading, minor scuffs, and signs of wear due to usage fall under wear and tear.
• Rips, tears, or deliberate damage, such as cutting furniture fabric, are tenant-caused damage.

Pro Tip from Belvoir Experts:

Tenants can minimise disputes by thoroughly cleaning the property and carpets before moving out. Documenting the property’s current condition with photos during move-in can also be invaluable.

Can a Landlord Charge for Wear and Tear?

No, a landlord cannot charge for wear and tear. Fair wear and tear refers to natural damage caused by reasonable and responsible use of the property, and it is not something tenants can be held liable for.

The Housing Act 2004, in Schedule 10, Section 4A, explicitly states the conditions under which a landlord can claim deductions from a tenant’s deposit. Sub-paragraph 5 clarifies:

The amount claimed must be referable to—
(a) an amount of unpaid rent or any other sum due under the terms of the tenancy agreement; or
(b) a liability of the tenant to the landlord arising under or in connection with the tenancy agreement in respect of:

• (i) damage to the premises subject to the tenancy, or
• (ii) loss of or damage to property on those premises,
  other than damage caused by fair wear and tear.

This makes it clear that landlords cannot legally make deductions from a deposit for wear and tear caused by everyday use. Only excessive damage, neglect, or missing items can warrant deductions.

Betterment and Apportionment

Even when damage is deemed to be more than just fair wear and tear, a landlord is not allowed to arbitrarily deduct money from the tenant’s security deposit. Two key principles come into play here: betterment and apportionment.

Betterment

A landlord is not entitled to betterment, which means they cannot be in a financially or materially better position at the end of the tenancy compared to the start. Landlords cannot:

• Charge tenants the full cost of restoring an item to its original state.
• Replace an item with a higher-quality equivalent and charge the tenant for the upgrade.

Examples of Betterment:

1. Cleaning Costs:
   • If a tenant leaves the property relatively clean but forgets to clean the bathroom, the landlord can only charge for the cost of cleaning the bathroom—not the entire property.
2. Kitchen Damage:
   • If one unit in a kitchen is damaged, the landlord cannot charge for replacing the entire kitchen. Only the single damaged unit can be charged.
3. Carpet Cleaning:
   • A landlord cannot insist that a carpet be professionally cleaned back to the exact condition it was in at the start of the tenancy if there is only a small stain. They can only charge the cost of cleaning the stained area.

Apportionment

Apportionment is where the cost associated with any damage is apportioned to the tenant based on several factors:

• Expected lifespan of the item. The deposit protection service has a handy table of average expected life spans for various items
• Cost of an equivalent or similar replacement. 
• Age of the item to be replaced
• Residual lifespan of the item being replaced

Lifespan of Common Household Items

Applying Apportionment

Let’s take an example of a carpet that needs replacing. The carpet is of medium to high quality with an expected lifespan of 10 years and is, at the time of replacement, 5 years old. The cost of a new carpet of a similar quality is £1,000.

• Residual Expected Life: The carpet has 5 years remaining (10-year lifespan – 5 years of use).
• Annual Depreciation: £1,000 ÷ 10 years = £100 per year.
• Total Depreciation: 5 years of use × £100 = £500.
• Residual Value: £500 (the amount still attributed to the tenant for the replacement cost).

Let’s now take an example where there is some damage but not extensive enough to warrant a full replacement. The landlord provides a bed with a slatted base. There are three broken slats on the bed, but they cannot be purchased individually. Even in this case, the landlord cannot claim for a full bead replacement and can only claim for the cost of the broken slats.

Another example would be where there is a stain on the carpet, which is old. The landlord chooses to replace the carpet citing the stain as the reason, but it would cost around £50 to clean the stain. The landlord cannot charge the tenant for the replacement and can only apportion the costs of the cleaning, in this case £50 to the tenant.

General Fair Wear and Tear

Fair wear and tear is a dynamic concept that depends on several factors, including:

• The Length of Tenancy: Longer tenancies naturally result in more wear and tear.
• The Number of Occupants: Families, pets, or shared households may contribute to greater wear.
• Quality of Fixtures and Fittings: Lower-quality items deteriorate faster than higher-quality ones.

Important Note on Cleaning

Cleaning is treated separately from fair wear and tear. The property must be returned to the same level of cleanliness as when the tenant moved in.

Final Thoughts

Understanding fair wear and tear is important for landlords and tenants. For landlords, it verifies compliance with laws and maintains a good relationship with tenants. For tenants, knowing their rights under the deposit scheme helps avoid unfair deductions.

Looking for Professional Property Management?

Whether you’re a landlord managing your property or a tenant seeking advice, Belvoir’s expert team is here to help. With years of experience in property management and tenant support, we provide:

• Detailed inventory inspections to minimise disputes.
• Expert advice on deposit protection and wear and tear guidelines.
• Comprehensive property management services tailored to your needs.

Contact your local Belvoir branch today to speak with a property expert, or visit www.belvoir.co.uk to learn more about our services!