Distinguishing between wear and tear and damage
Knowing the difference between fair wear and tear and actual damage is crucial when managing deposit deductions.
A very important rule is that fair wear and tear only applies to the ‘condition’ and not the ‘standard of cleaning’ of a property or item. The property must be left cleaned to the same standard at the end of the tenancy, whether the tenancy lasted one year or six.
While fair wear and tear accounts for reasonable deterioration, damage refers to issues arising from negligence, misuse, or accidents. For instance, a carpet showing signs of wear due to foot traffic is acceptable, but stains or burns would be considered damage. Similarly, minor scuff marks on walls may be perfectly reasonable, whereas large holes or unapproved alterations are deemed damage.
Understanding this distinction is vital when assessing potential deposit deductions. Read our resolution case study on carpet replacement and fair wear and tear for more information.
What is betterment?
You may have heard of the term ‘betterment’, which becomes relevant when assessing fair wear and tear and reasonable costs. Betterment is where compensation is awarded, or claimed, for damaged items that would leave the landlord or property in a better position, but at the tenant’s expense.
For example, looking to replace a five year old carpet with a brand new one, and claiming the full amount from the tenant.
Betterment applies to both ‘condition’ and ‘cleanliness.’ In the case of cleaning, claiming for a professional clean when the property was only domestically clean at the start would amount to betterment.
With condition, a valid claim will have considered fair wear and tear and the extent of the deterioration that the tenant has caused, which is more than the normal use and on a like-for-like basis.
Top tip: This is a good time to remember the value of having a quality check-in inventory so that you have good comparative evidence when the tenancy ends and for any negotiation, if needed. Read ‘Inventories – the complete guide’ for more on this.
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