How age, condition, expected lifespan and ordinary use affect what a landlord can fairly deduct from a tenancy deposit.
This guide is written for England. Housing law is devolved; do not apply it to a property in another UK nation unless the guide expressly says so.
Damage and ordinary deterioration are not the same thing
A tenant can be responsible for damage beyond reasonable use, but a deposit should not become a way for the landlord to replace old items with brand-new ones at the tenant’s expense. Deposit adjudication therefore looks at starting condition, age, expected lifespan and the extent of the tenant-caused loss.
Betterment: why “new for old” can overstate the loss
If an old carpet was already near the end of its useful life, charging the tenant the full price of a new carpet can put the landlord in a better position than before the damage. The fair figure may be a proportion reflecting the remaining value, depending on the evidence.
Factors to test
| Factor | Question |
|---|---|
| Age | How old was the item or decoration when the tenancy began and ended? |
| Starting condition | Was it new, already worn or already marked? |
| Quality | Was it a low-cost item with a short expected life or a durable higher-quality one? |
| Length of tenancy | How much ordinary use would reasonably be expected? |
| Extent of damage | Does the whole item need replacement or can the loss be repaired locally? |
Cleaning disputes use the same before-and-after logic
The question is usually whether the property was returned less clean than it was at the start, allowing for the evidence. A tenancy term demanding a particular branded or “professional” cleaning service does not by itself prove the landlord suffered that cost.
Related housing guidance
Keep building the case.
Official sources
Check the current rules behind this guide.
- Tenancy deposit protection
- Deposit disputes and problems
- Housing Act 2004
- Tenant Fees Act 2019: guidance for tenants
Housing law changes frequently and is devolved. Check the live official source where a notice period, commencement date, statutory form or eligibility rule may have changed.