A Simple TDS Deposit case highlights many Important pointers for Landlords
A Simple TDS Deposit case highlights many Important pointers for Landlords
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 tenant accepted that some marks were present but argued that these were consistent with everyday use over a two-year period. 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 the tenancy end, the check-out 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 TDS (Tenancy Deposit Scheme) 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 condition, and that 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.
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.
This simple but often quoted type of case illustrates that:
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.
Decoration claims are a really common area of dispute at the end of a tenancy, often regarding 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.
By following these simple tips and using a trusted deposit protection scheme like the Tenancy Deposit Scheme, landlords can ensure disputes are resolved efficiently and fairly. A well written, thorough and detailed inventory with a range of easily related photographs make the adjudicator`s job a lot easier and quicker in apportioning the monies.
Evidence and clarity, coupled with good communication will be large differentiating factors in which landlords decide to stay and thrive and those who struggle and ultimately exit the PRS (Private Rented Sector).