A recent tenancy deposit adjudication case has highlighted the ongoing challenges landlords and tenants face in distinguishing between fair wear and tear and actionable damage at the end of a tenancy.
The dispute centred on a landlord’s claim for £420 relating to damage to internal decoration following a two-year tenancy. The landlord argued that the property had not been returned in the same condition as at the start of the tenancy, citing scuffing, staining, and what they described as excessive marking to painted walls throughout the property.
Evidence and assessment
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 description, showing unmarked walls in all rooms. At check-out, however, the report noted numerous areas of concern, including heavy scuffing in hallways, dark staining in living areas consistent with furniture contact, and patchy discolouration in bedrooms.
The tenant accepted that some marks were present but argued that these were consistent with everyday use over a two-year period. Decoration claims represent a common area of dispute at the end of tenancies, particularly as smaller property investors face tightening lending conditions, making deposit disputes more financially significant.
Adjudication outcome
The adjudicator determined that whilst some level of deterioration was to be expected over a two-year tenancy, the extent and distribution of the marking evidenced at check-out went beyond fair wear and tear. The check-in report and photographs demonstrated that the decoration was freshly painted, and the volume and severity of scuffing, staining, and discolouration indicated a level of damage attributable to tenant use rather than the passage of time alone.
However, allowance was made for the age and expected lifespan of internal decoration, and it was not considered appropriate to award the full cost of redecoration. Applying the principle of betterment, the adjudicator made a partial award to the landlord, reflecting the reduced value of the decoration at the end of the tenancy and the proportion of damage deemed to exceed fair wear and tear.
Industry implications
According to Sandy Bastin, director of resolution at TDS Adjudication Services, the case underscores several key points for the rental sector. Fair wear and tear will be considered, but widespread damage may still justify a landlord’s claim. A detailed check-in report provides a baseline against which deterioration can be measured, whilst any award will typically be adjusted to reflect the age and expected lifespan of decoration rather than covering full redecoration costs.
The case comes as landlords face increasing regulatory scrutiny across various aspects of property management. TDS Adjudication Services operates as the only not-for-profit tenancy deposit protection scheme in the UK.
The dispute resolution process emphasises the importance of comprehensive documentation at both the start and end of tenancies, with photographic evidence playing a critical role in adjudication outcomes.
