What is the difference between wear and tear and damages?

The difference between wear and tear and damage can determine who is responsible for covering the cost of repair work.

Wear and tear

Wear and tear refers to the gradual deterioration of a property that arises through ordinary, everyday use. For example, carpets becoming slightly worn in high-traffic areas, minor scuff marks on walls or the natural fading of paintwork over time would all generally be regarded as wear and tear. These changes are expected and unavoidable as tenants live in and use the property.

Normal wear and tear commonly includes:

• Stained walls
• Lightly scratched flooring
• Chipped paint
• Plaster cracks
• Faded or worn carpet

Damages

By contrast, damages are the result of actions that go beyond normal use. Damage occurs when a tenant, a visitor or a pet causes harm to the property, or where the tenant has failed to report an issue that subsequently worsens.

Examples of damages include:

• Broken windows and locks
• Large stains on carpets
• Holes in the walls
• Torn curtains and carpets
• Burns on work surfaces
• Mould growth caused by failing to ventilate or notify you of leaks

When will the damage-related deposit deductions appear?

If you notice damage to your property, you must use your fair judgement to determine whether it was caused by neglectful behaviour. If you can demonstrate that the damage is ‘actual damage’ - rather than gradual - you will be eligible to deduct relevant repair costs from your tenant’s deposit.

Dated images are one of the best ways you can demonstrate that damage has been caused. Prior to a tenant moving in, it is important to take photos and date them. Alternatively, you can discuss making a photo inventory with your tenant, which you both sign and date.

Is a tenant liable for accidental damage?

Yes, a tenant can be held liable for accidental damage to your property. However, you must be able to demonstrate that the tenant caused the damage and that it did not exist before the start of the tenancy.

To support your position that the damage was your tenant's fault, it is advisable to keep a detailed inventory and schedule of condition, ideally supported by photographs, at the outset of the tenancy. This documentation can help establish the property’s condition when the tenant moved in and provide clear evidence if you need to show that the damage occurred during their occupation.

Who pays if damage is caused to the surrounding properties?

Responsibility for damage to neighbouring properties depends on how the damage occurred and who had control over the cause.

If damage arises due to the tenant’s actions or negligence, the tenant will typically be liable. For example, if a tenant allows a bath to overflow and water leaks into the property below, they will usually be responsible for the cost of repairs. In these circumstances, you may recover the costs from the tenant or their deposit, provided you have clear evidence that their conduct caused the loss.

However, if the tenant’s actions have caused your neighbours significant damage or distress, the neighbours may be able to pursue legal action for compensation against you as the property owner. This can occur if you are deemed to have permitted the conduct or failed to take reasonable steps to prevent further harm once aware of the issue.

Conversely, if damage results from something you, as the landlord, have an obligation to maintain, you are likely to bear liability. A common example is where an overgrown tree branch from your property falls onto a neighbouring building and causes structural damage. As the owner, you have a duty to inspect and maintain trees or similar features to prevent foreseeable risks to adjoining properties. Failure to do so could give rise to a claim for damages against you.

Does landlord insurance cover damage caused by tenants?

Most landlord insurance policies will include cover for accidental damage caused by tenants, such as spills or unintentional breakages. However, it is important to check the terms of your policy carefully, as some insurers exclude cover for deliberate or malicious damage arising from anti-social behaviour or wilful acts by tenants.

Standard policies will typically insure the structural elements of the property, including the walls, roof and permanent fixtures. Cover for contents, such as furniture and appliances provided as part of a furnished tenancy, is often an optional extra and may require a separate contents insurance policy.

Can I evict a tenant who causes damage?

If a tenant damages your property while they remain in occupation, you are entitled to seek recovery of the cost of repairs. In many cases, you may be able to deduct the cost from the tenancy deposit either during or at the end of the tenancy, provided you have evidence to justify the deduction.

Where the damage is substantial or deliberate, you may also have grounds to commence possession proceedings. For example, if the damage significantly affects the condition or safety of the property, or if it breaches the terms of the tenancy agreement, you could serve notice and pursue eviction through the courts.

Before taking action, it is advisable to gather clear evidence, such as photographs, inspection reports, and correspondence with the tenant. AST Assistance can advise you on the appropriate course of action and the steps required to protect your position.

What happens if the tenant doesn't repair damages before they leave?

If the tenant vacates the property without repairing the damage they have caused, you will usually have grounds to recover the cost of the repairs from their deposit. You must provide evidence of the damage and an accurate estimate or invoice for the remedial work to support any deductions.

In more serious cases, where the cost of the damage exceeds the value of the deposit or involves deliberate acts, you may be entitled to pursue legal action to claim the outstanding costs for fixing damages. It is advisable to keep a detailed inventory, photographs and records of communications to help protect your position if a dispute arises.

How AST Assistance can help landlords

We can help landlords understand their responsibilities, comply with the requirements set out in the Landlord and Tenant Act 1985, and take appropriate steps to resolve tenant disputes effectively.

Contact us today by calling us on 01706 619 954, emailing info@ast-assistance.com, or filling out our contact form here and we will get back at a convenient time for you.