A recent dispute concerned a landlord’s claim for £420 relating to damage to internal decoration following a two-year tenancy.
The landlord contended that the property had not been returned in the same condition as at the start of the tenancy, pointing to scuffing, staining, and what they described as “excessive marking” to painted walls throughout the property.
The case
Decoration claims are another common area of dispute at the end of a tenancy, often on the distinction between fair wear and tear and tenant liable damage. Tenants may consider minor marks or scuffs to be an inevitable consequence of normal living, while landlords may view more extensive deterioration as requiring remedial work. In this case, the tenant accepted that some marks were present but argued that these were consistent with everyday use over a two-year period.
The evidence
The landlord 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 outcome
In determining the claim, the adjudicator accepted that while 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 in a 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 therefore 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.
So, what are the key points here?
+ Fair wear and tear will be considered, but excessive or widespread damage may still justify a landlord’s claim.
+ A strong check-in report provides a clear baseline against which deterioration can be measured.
+ Any award will usually be adjusted to reflect the age and expected lifespan of decoration, rather than covering full redecoration costs.
+ By following these tips and using a trusted deposit protection scheme like the Tenancy Deposit Scheme, landlords and letting agents can ensure disputes are resolved efficiently and fairly.
If you are interested in further guidance relating to deposit disputes, visit the Help Centre at TDS to browse further guides.
Sandy Bastin is director of resolution at TDS Adjudication Services – the only not-for-profit tenancy deposit protection scheme.
