Fair Wear and Tear vs. Damage: What Every Landlord Should Know in 2026

It’s one of the biggest causes of confusion — and disputes — between landlords and tenants: what counts as fair wear and tear, and what counts as damage? With the Renters’ Rights Act now law and deposit adjudicators expecting clear evidence, understanding the difference has never been more important.

What does “Fair Wear and Tear” actually mean?

Simply put, fair wear and tear refers to the gradual deterioration of a property or its contents through normal, everyday use. It’s what happens naturally as people live in a property — carpets flatten, walls fade, hinges loosen.

“Damage”, on the other hand, is avoidable harm — things that result from neglect, misuse, or accidents that go beyond normal use. Knowing the difference helps landlords make fair, lawful deductions at the end of a tenancy.

Examples: wear and tear vs. damage

Why it matters more in 2026

The Renters’ Rights Act and the upcoming Decent Homes Standard have changed expectations for both landlords and tenants. With no-fault evictions gone, landlords must justify deductions using evidence — not assumptions. That means condition records at move-in and move-out are key.

Deposit scheme adjudicators now rely heavily on high-quality, independent evidence. Reports produced by a third party carry far more weight than self-written notes or casual photos.

For example, The Tenancy Deposit Scheme (TDS) advises that adjudicators consider:

• The property’s age and quality
• The length of the tenancy
• The number and type of occupants
• The condition at check-in and check-out

How a professional inventory helps

Professional inventory reports take the guesswork out of what’s “fair”. They include:

• Dated, high-resolution photographs for every room and item
• Detailed written condition notes and cleanliness levels
• Check-in and check-out comparisons to show genuine deterioration
• Independent neutrality accepted by deposit schemes and letting agents

Cleaning: a frequent grey area

Cleaning is the top cause of disputes. If a property was cleaned to a professional standard before move-in, tenants are expected to return it the same way. Booking end of tenancy cleaning through an independent company ensures both sides are aligned and documented.

Protect yourself in 2026

With stricter standards and tenants more aware of their rights, having a clear, photographic record is the best protection a landlord can have. A professional inventory not only avoids costly disputes but also supports compliance with all new legislation.

Need help? estateServices Inventories provides independent inventories, check-in and check-out reports, end of tenancy cleaning, and EPCs across Surrey, Berkshire and Hampshire.