What counts as fair wear and tear in a rented property?

In England, Wales, Scotland and Northern Ireland, fair wear and tear is a deposit and repair-liability question, not a fixed statutory table. The practical answer is whether the change came from normal everyday use and time, or from damage, neglect, misuse, poor cleaning or an avoidable failure to report a problem.

What counts as fair wear and tear?

Fair wear and tear is normal deterioration from ordinary daily usage and time, but no UK nation’s legislation defines the phrase, and the England government wording many pages still quote was withdrawn on 8 May 2026. Wales uses the phrase in occupation-contract regulations — “The contract-holder is not liable for fair wear and tear to the dwelling or to fixtures and fittings within the dwelling” — but does not define it. In England and Wales, the older legal formulation is not from Warren v Keen: the Court of Session records that Haskell v Marlow was cited for Talbot J’s dictum and that the statement was given express House of Lords approval in Regis Property Co Ltd v Dudley. In practice, fair wear and tear means reasonable wear and tear in a rented property: worn condition from normal living, not real damage such as burns, stains, broken fittings or negligent misuse.

Who pays for fair wear and tear, the landlord or the tenant?

The landlord pays for fair wear and tear, and the tenant should not lose deposit money for deterioration caused by normal use rather than damage or breach. In England and Wales, Warren v Keen states that a tenant “is not liable for deterioration due to fair wear and tear,” and English government guidance says a landlord or agent cannot claim deposit deductions for a condition change due to fair wear and tear. In Wales, the default supplementary term says “The contract-holder is not liable for fair wear and tear to the dwelling or to fixtures and fittings within the dwelling,” but Welsh law also says “A supplementary provision is not incorporated as a term of an occupation contract if the landlord and the contract-holder agree that it should not be incorporated.” In Scotland, mygov.scot says the landlord cannot use the deposit to replace items worn by normal wear and tear. In Northern Ireland, nidirect says deposit deductions may cover losses or damage, “but not for fair wear and tear.”

What are some examples of fair wear and tear?

Examples of fair wear and tear include faded paint, faded wallpaper, slight scuffs, worn carpets in high-traffic areas, minor ageing of fixtures, and small deterioration that would be expected from ordinary use over the tenancy. TDS gives practical fair wear and tear examples including “minor scuff on walls, worn carpet in high-traffic areas and faded paint.” SafeDeposits Scotland gives a similar Scottish deposit-adjudication example: “Faded wallpaper, chipped paint or small scuffs on kitchen units would likely not result in an award for damage as it is typical for these to occur over time.” The opposite side of the line is avoidable damage: DPS gives nail-varnish spills and iron burns as examples where the tenant may be liable for repair. The number of occupants, length of tenancy, quality and age of the item matter, so a family after five years gets more allowance for wear than a single tenant after six months.

Are scuff marks and nail holes in the walls fair wear and tear?

Minor scuff marks are usually fair wear and tear, but large holes, multiple nail holes, stripped paint from adhesive hooks or unapproved alterations are usually treated as damage. mydeposits puts the dividing line plainly: “minor scuff marks on walls may be perfectly reasonable, whereas large holes or unapproved alterations are deemed damage.” SafeDeposits Scotland similarly treats small scuffs as the sort of thing that occurs over time, but a Scottish mydeposits adjudication charged the tenant for filling fixture holes because that work “would not be needed following any length of tenancy, as part of general maintenance of the property.” That means a few faint marks from ordinary use are different from avoidable redecoration work. Nail holes in walls are not automatically normal wear and tear: one or two tiny picture-pin marks may be argued as minor use, while multiple holes, rawlplug holes, torn plaster or unauthorised fixtures are normally damage.

Is mould in the bathroom fair wear and tear?

Bathroom mould is fair wear and tear only where the evidence points to normal use, an existing defect, poor ventilation, structural damp or the landlord’s repair responsibility; mould caused mainly by the tenant’s breach, poor ventilation despite working facilities, or failure to report can justify a deduction. English government guidance says landlords are responsible for addressing damp and mould and is explicit that “it is totally unreasonable to blame damp and mould in the home on ‘lifestyle choices’.” But the English fitness-for-human-habitation covenant does not make the landlord liable where unfitness is “wholly or mainly attributable to” the tenant’s own breach. Wales treats damp and mould exposure as a fitness issue, not as a wear-and-tear table. Scotland’s tolerable standard currently refers to rising or penetrating damp, while a new repairing-standard requirement that “the house is substantially free from damp and mould” starts on 6 October 2026. Deposit adjudicators have made no award where bathroom mould pre-existed, but have awarded partial redecoration where mould was unreported.

What counts as fair wear and tear after 2, 3, 5 or 10 years?

There is no UK legal rule saying what counts as fair wear and tear after 2, 3, 5 or 10 years, and deposit schemes use competing lifespan practices rather than one settled table. TDS gives quality-tiered carpet bands: “low-quality carpeting is expected to last between two to four years, while medium-quality carpeting may endure for five to eight years, and high-quality carpeting can have a lifespan of eight to fifteen years.” TDS also says paint and wallpaper typically last around 3–5 years. mydeposits takes a different starting point, saying its consistent approach for décor and carpet “starts at five years,” while NRLA has described five years for décor and carpets and three years for student tenancies. DPS says a redecoration award is unlikely after five or more years because the landlord would probably have had to redecorate anyway. At 10 years, many ordinary décor and carpet claims are weak unless the landlord proves a longer-life, high-quality item and tenant damage.

How do the deposit schemes decide what is fair wear and tear?

Deposit schemes decide fair wear and tear from evidence, not from a statutory formula: inventories, check-in and check-out reports, photos, invoices, item age, item quality, tenancy length, number of occupants, and whether the claim would put the landlord in a better position than at the start. In England and Wales, Housing Act 2004 requires deposit schemes to provide dispute-resolution facilities, but the fair-wear phrase appears only as an exclusion for “damage caused by fair wear and tear” and no section gives a tariff. Scotland’s deposit regulations require “a mechanism for the resolution by an adjudicator of disputes,” and Northern Ireland’s rules use the same dispute-resolution structure. The joint scheme approach is case-specific: “each case must be considered on its own merits and no two cases are ever the same.” TDS says the burden of proof rests with the party making the claim, while SafeDeposits Scotland says the adjudicator assesses the item, use and typical lifespan.

Last reviewed September 2026.

Sources

• Renting Homes (Supplementary Provisions) (Wales) Regulations 2022, regulation 13 — “The contract-holder is not liable for fair wear and tear to the dwelling or to fixtures and fittings within the dwelling” Source
• Court of Session, Flockhart v Robinson — “The case of Haskell &c v Marlow &c 1998 2 KB 45 was cited for the dictum of Talbot J. at page 48, which statement was given express approval by the House of Lords by Regis Property Co Ltd v Dudley 1959 AC 370 per Viscount Simmons at p. 393.” Source
• Withdrawn MHCLG Tenant Fees Act 2019 landlord guidance — “This publication was withdrawn on 8 May 2026.” Source
• Warren v Keen [1953] EWCA Civ 1 — “From the cases I have mentioned I gather that, whatever may be the precise extent of the liability of a tenant from year to year, he is not liable for deterioration due to fair wear and tear and, if so, a fortiori, a weekly tenant is not so liable.” Source
• Renting Homes (Wales) Act 2016, section 24 — “A supplementary provision is not incorporated as a term of an occupation contract if the landlord and the contract-holder agree that it should not be incorporated.” Source
• mygov.scot, tenant deposits — “Your landlord cannot use the deposit to replace items that are damaged or worn due to normal wear and tear.” Source
• nidirect, problems in rented student accommodation — “Your landlord may withhold some or all of your deposit to pay for any losses or damage that occurred during your tenancy, but not for fair wear and tear.” Source
• Tenancy Deposit Scheme, product lifespans — “Examples of deterioration which may be considered as fair wear and tear include things such as minor scuff on walls, worn carpet in high-traffic areas and faded paint.” Source
• SafeDeposits Scotland, fair wear and tear and betterment — “Faded wallpaper, chipped paint or small scuffs on kitchen units would likely not result in an award for damage as it is typical for these to occur over time.” Source
• Deposit Protection Service, fair wear and tear — “On the other hand, damage such as nail varnish spills on the floor or iron burns that have occurred due to negligence could see the tenant liable for repair.” Source
• Shelter England, tenancy deposit deductions — “More wear and tear is allowed for a family with children moving out of a private tenancy after 5 years than for a single person moving out after 6 months.” Source
• mydeposits, fair wear and tear — “Similarly, minor scuff marks on walls may be perfectly reasonable, whereas large holes or unapproved alterations are deemed damage.” Source
• mydeposits Scotland, fair wear and tear and redecoration case study — “The adjudicator found the tenant responsible for the reasonable cost of filling the holes in the lounge as this work falls under ‘repairs’ and would not be needed following any length of tenancy, as part of general maintenance of the property” Source
• GOV.UK, damp and mould in rented homes — “We are absolutely clear that it is totally unreasonable to blame damp and mould in the home on ‘lifestyle choices’.” Source
• Landlord and Tenant Act 1985, section 9A — “The implied covenant is also not to be taken as imposing on the lessor any liability in respect of the dwelling being unfit for human habitation if the unfitness is wholly or mainly attributable to—” Source
• Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022, Schedule paragraph 1 — “1. Exposure to house dust mites, damp, mould or fungal growths.” Source
• Housing (Scotland) Act 1987, section 86 — “(b)is substantially free from rising or penetrating damp;” Source
• Investigation and Commencement of Repair (Scotland) Regulations 2026 — “These Regulations may be cited as the Investigation and Commencement of Repair (Scotland) Regulations 2026 and come into force on 6 October 2026.” Source
• Investigation and Commencement of Repair (Scotland) Regulations 2026 — “(ha) the house is substantially free from damp and mould,” Source
• mydeposits, mould and damp case study — “However, mould was there at the start and mid-term property visits reported on the slow spread of the spots, which would be expected from unattended mould spores and normal use of the bathroom.” Source
• mydeposits, mould and damp case study — “Considering the level of wear at the start, the landlord was compensated with 45% towards redecorating the bedroom.” Source
• Tenancy Deposit Scheme, product lifespans — “Typically, low-quality carpeting is expected to last between two to four years, while medium-quality carpeting may endure for five to eight years, and high-quality carpeting can have a lifespan of eight to fifteen years.” Source
• Tenancy Deposit Scheme, product lifespans — “Similarly, when it comes to decorations, the lifespan of paint and wallpaper in a property is typically around 3-5 years.” Source
• mydeposits, fair wear and tear — “Our consistent approach on the life of décor and carpet in a rented property, starts at five years although this can change, depending on the extent and quality of the evidence.” Source
• NRLA, wear and tear — “Adjudicators take a consistent approach to the deterioration of décor and carpets for instance, allowing five years for their lifespan in a tenanted property, and just three years for student tenancies.” Source
• Deposit Protection Service, fair wear and tear — “For example, the adjudicator is unlikely to make an award for a claim for redecoration costs if the tenant has lived in the property for five or more years, as the landlord would probably have needed to redecorate anyway, regardless of anything the tenant has done.” Source
• Housing Act 2004, Schedule 10 paragraph 4A — “other than damage caused by fair wear and tear.” Source
• Housing Act 2004, Schedule 10 paragraph 10 — “Every custodial scheme or insurance scheme must provide for facilities to be available for enabling disputes relating to tenancy deposits subject to the scheme to be resolved without recourse to litigation.” Source
• Tenancy Deposit Schemes (Scotland) Regulations 2011, regulation 33 — “A scheme administrator must make available a mechanism for the resolution by an adjudicator of disputes between landlords and tenants about the amount of the tenancy deposit to be repaid to the tenant at the end of the tenancy (“dispute resolution”).” Source
• Tenancy Deposit Schemes Regulations (Northern Ireland) 2012, regulation 30 — “A scheme administrator must make available a mechanism for the resolution by an adjudicator of a dispute between a landlord and a tenant about the amount of the tenancy deposit to be repaid to the tenant at the end of the tenancy (“the dispute resolution mechanism”).” Source
• Joint scheme guide to deposits, disputes and damages — “Because there are so many varying factors for each dispute, such as the size of the property, the number of occupants, the quality and lifespan of the property and contents, each case must be considered on its own merits and no two cases are ever the same.” Source
• Tenancy Deposit Scheme, proving excessive wear and tear — “In a tenancy deposit dispute, the burden of proof rests with the party making the claim.” Source
• SafeDeposits Scotland, fair wear and tear and betterment — “In doing so the adjudicator will assess the item in question, what it is, how often it is used and its typical lifespan.” Source