Editor's note: This brief was summarised by The Property AI Newsroom from a report by Property Industry Eye. Read the original article for full details.

Adjudicator Rules on Fair Wear and Tear in £420 Tenancy Dispute

A recent case has highlighted the ongoing challenge of distinguishing between fair wear and tear and tenant-caused damage at the end of a tenancy. The dispute centred on a landlord’s £420 claim for damage to internal decoration following a two-year tenancy.

The landlord argued that the property was not returned in the same condition as at the start of the tenancy, citing scuffing, staining, and what was described as “excessive marking” to painted walls throughout the property. The tenant acknowledged the presence of some marks but maintained these were consistent with normal use over two years.

Evidence and Adjudication

The landlord’s case relied on a detailed check-in inventory, which described the walls as “freshly painted throughout” with a clean and uniform finish. Photographic evidence supported this, showing unmarked walls in all rooms at the start of the tenancy. At check-out, the report noted heavy scuffing in hallways, dark staining in living areas consistent with furniture contact, and patchy discolouration in bedrooms.

The adjudicator determined that while some deterioration was expected over a two-year period, the extent and distribution of the marks went beyond fair wear and tear. The check-in report and photographs demonstrated the original condition, and the volume and severity of the scuffing, staining, and discolouration indicated damage attributable to tenant use rather than just the passage of time.

However, the adjudicator did not award the full cost of redecoration. Allowance was made for the age and expected lifespan of the internal decoration, and the principle of betterment was applied. As a result, a partial award was made to the landlord, reflecting the reduced value of the decoration and the proportion of damage exceeding fair wear and tear.

Key Points for Letting Agents and Inventory Clerks

• Fair wear and tear is always considered, but excessive or widespread damage may justify a landlord’s claim.
• A thorough check-in report provides a clear baseline for assessing deterioration.
• Awards are typically adjusted for the age and expected lifespan of decorations, rather than covering full redecoration costs.

Letting agents and inventory clerks are reminded that using a trusted deposit protection scheme can help ensure disputes are resolved efficiently and fairly.