Disputes over tenancy deposits often boil down to one contentious issue: what constitutes 'fair wear and tear' versus genuine damage? A recent adjudication highlights the ongoing struggle between landlords and tenants in the UK's private rented sector. The case in question revolved around a £420 claim from a landlord, who argued that the internal decoration of their property had not been returned to its original state after a two-year tenancy.
The landlord pointed to extensive scuffing, staining, and excessive marking on painted walls throughout the residence as evidence of damage. Their argument was supported by a detailed check-in inventory, which included photographic evidence showing the walls as freshly painted and in pristine condition at the start of the tenancy. However, the check-out report revealed significant issues, including heavy scuff marks in hallways, dark stains in living areas consistent with furniture contact, and patchy discolouration in bedrooms.
The tenant acknowledged some marks were present but claimed they were merely the result of everyday living over a two-year period. For smaller property investors navigating tighter lending conditions, decoration claims can be particularly contentious – making deposit disputes financially more impactful.
Upon review, the adjudicator determined that while some level of deterioration is naturally expected over time, the extent and distribution of the marks found at check-out went beyond what could be classified as fair wear and tear. The evidence from the check-in report and photographs demonstrated the walls were freshly painted, and the volume and severity of scuffing, staining, and discolouration indicated damage attributable to the tenant's use rather than simply the passage of time.
Sandy Bastin, director of resolution at TDS Adjudication Services, noted that this case underscores two key points: widespread damage may still justify a landlord's claim, even if some fair wear and tear is expected. Crucially, a detailed check-in report provides an essential baseline for measuring deterioration – helping to prevent disputes in the first place.