Fair wear and tear vs damage — the legal distinction
- Fair wear and tear: faded paintwork, minor wall scuffs, carpet pile wearing down, slight curtain fading — landlord cannot claim for these
- Damage: holes in walls, carpet burns or stains, broken fixtures/fittings, significant paint discolouration (smoking), deep floor scratches, removed fixtures — landlord can claim
- Betterment principle: compensation is for restoring the item to its condition at the start of the tenancy, at its depreciated value — not the cost of a new equivalent
- Lifecycle approach: deposit adjudicators use lifecycle tables (e.g., carpet life = 10 years — a 4-year-old carpet that is damaged yields a 60% replacement cost claim)
- Tenancy length: longer tenancies produce more expected wear — adjudicators adjust what is 'fair' wear accordingly
Check-in and checkout documentation — critical evidence
- Professional check-in inventory: dated, signed by tenant, with timestamped photographs — condition of every room, fixture, and item
- Professional checkout report: compared against check-in baseline, dated photographs, contractor quotes for each deduction
- Burden of proof is on the landlord: without signed check-in inventory and dated photos, deductions will not be awarded by ADR adjudicators
- Cleaning claims: must show property was professionally clean at check-in and left visibly worse — supported by a professional cleaning invoice
- Contractor quotes and invoices: all deductions must be supported by actual contractor quotes or invoices — landlord's own estimates are not sufficient
ADR adjudication — landlord bears the burden
Tenancy deposit adjudicators require evidence from the landlord: a signed check-in inventory, dated checkout photographs matched to the check-in baseline, and contractor invoices. Without all three, deductions will typically be rejected regardless of the actual damage caused.
Claiming above the deposit — small claims court
- Pre-action letter before claim: set out damage, costs, 14-21 day payment deadline — many tenants pay at this stage
- Small claims track: claims up to £10,000 via MCOL (Gov.uk Money Claim Online) — no legal representation required, hearing before a district judge
- Evidence at court: same documentation as deposit claim plus evidence deposit has been retained
- Enforcing a judgment: warrant of control (bailiffs), attachment of earnings, or third-party debt order — CCJ on credit file for 6 years
- Landlord insurance: specialist policies cover malicious damage, accidental damage, and void-period loss of rent — requires evidence, not a substitute for good documentation