When surface damage occurs in a rented property — a chipped worktop, a cracked shower tray, a broken tile — the question of who pays for repairs is frequently disputed. This guide explains the legal position under UK tenancy law and the practical approach that landlords, letting agents and tenants should take.
The Legal Framework: Fair Wear and Tear vs Tenant Damage
UK tenancy law distinguishes between two types of deterioration in a rented property:
- Fair wear and tear — gradual, reasonable deterioration from normal use over time. A landlord cannot charge a tenant for this. A worktop that has become slightly marked after a three-year tenancy, or a bath that has developed minor surface dulling, would likely fall into this category.
- Tenant damage — damage beyond what would be expected from reasonable use. A deep chip in a worktop from a dropped pan, a crack in a shower tray from a heavy impact, or a broken tile from a heavy object falling — these are generally considered tenant damage and may be recoverable from the deposit.
The Role of the Deposit Protection Scheme
In England and Wales, deposits must be protected in a government-approved scheme (DPS, mydeposits or TDS). Disputes over deductions are adjudicated by the scheme’s arbitration service. To successfully claim for surface damage, landlords generally need:
- A detailed check-in inventory with photographic evidence of the pre-tenancy condition
- Clear evidence of the damage at check-out that was not present at check-in
- A reasonable repair cost — adjudicators will consider whether a replacement cost is proportionate to the actual damage, and professional repair is frequently accepted as the appropriate remedy rather than full replacement
Why Professional Repair Is Often the Right Response
For a chip in a worktop or a crack in a bath, professional repair is typically far cheaper than replacement and produces an appropriate remedy for the damage. Claiming full replacement cost for a chip that could be repaired may not be upheld by an adjudicator. A professional repair invoice provides clear evidence of a reasonable, proportionate response.
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