Tenant damages property: UK landlord rights & recovery

Tenants moved out and left damages? When you’re left to fix the issues, it can be stressful and costly. Whether it's wine stains on carpets, holes in walls, or more serious damage, knowing what to do immediately could reduce the likelihood you’ll be left to cover all the repair costs. 

As a UK landlord, both you AND your tenants have rights - so knowing these can be very helpful, especially with the upcoming Renters' Rights Bill, which is expected to become law in late 2025. 

This guide explains exactly what steps to take to recover costs if your tenants are in the wrong, and how to protect yourself from future tenants damaging your property, whether you rent out a residential or a commercial property. 

I’ve just discovered damage from tenants in my property, what should I do?  

The sooner you notice damage from your tenants, the quicker you can put things right. Here is a breakdown of what to do immediately. 

Document the damage

1. As soon as you can, take detailed photos of the damage from multiple angles. If it’s bad – make you that’s evident in your photos.   
2. Make sure to date the photos and take both wide shots showing the room context and close-ups highlighting any details of any damage.  Photos act as evidence, so make sure to document them. For example, if the floor tiles are cracked, take close-up shots with the tiles clearly shown.  If you need to – take video evidence, especially if there is damage in more than one room or if it helps explain how bad it is. 
3. Check the deposit clause in your tenancy agreement to read up on the reasons where you, as a landlord, may make deductions from the deposit. 

Compare against your original inventory 

If you made your tenant fill in a check-in inventory when they moved in, you can check it against an inventory check-out when they move out. This is when you (or an agent) walk around and check the condition of your property, note down any damages and take photos. 

Comparing both reports can clearly show any damages they’ve made and can be used as evidence if you need to take it further to court. 

If you haven’t made your tenant fill in a check-in report, then it may be more difficult to claim they’ve caused the damages.

Contact your tenant straight away  

Write to your tenant straight away. Explain the damages in as much detail as possible and ask for an explanation. As a first step, ask them to repair the damage. Keep this communication professional and factual. 

Document all responses from the tenant, as these communications can be vital evidence if the matter escalates as a dispute with a deposit protection scheme or even worse, court proceedings. 

Get a professional assessment 

If you’ve had severe damages, it’s a good idea to get quotes from qualified tradespeople for your repair costs. Having any other supporting evidence such as contractors' reports, invoices and estimates with a breakdown of costs, could help prove your cost estimates are reasonable. 

A professional assessment can also help distinguish between genuine tenant damage and pre-existing issues before they moved in, which can protect you if the tenant is claiming they had nothing to do with recent damages.

Can I legally charge my tenant for property damage, how? 

Yes, you can charge tenants for damage they cause, provided you follow specific legal requirements and understand the limitations – for example, you can’t charge tenants for something classes as fair wear and tear, but you can charge for serious damages. 

Understanding damage vs fair wear and tear

It’s really important to make a note of the difference between ‘fair wear and tear’ and what is actual damage, and make sure your tenants are fully aware of this from the outset.

What is fair wear and tear? 

A tenant can no longer be charged or have any money deducted from their deposit for damage that would have inevitably occurred as a result of the property being inhabited – this is wear and tear which is set out by law. 

If, for example, the walls of your property appear to be lightly scuffed at the end of a tenancy, you can’t reasonably accuse the tenant of causing the damage - minor marks like these are to be expected in a property that's been lived in. 

Examples of fair wear and tear include: 

• Faded paint or wallpaper 
• Worn carpet in high-traffic areas 
• Minor scuff marks on walls 
• Loose door handles from normal use 

On the other hand, genuine damages are severe damages that have been avoided. For example: 

• Red wine stains on carpets 
• Holes in walls beyond picture hanging 
• Cigarette burns on furniture 
• Broken windows or fixtures 

Read up on how to write a tenancy agreement. 

Alex McCloy, Legal Counsel at Bionic states, "It’s generally a good idea for tenancy agreements to include a clause referencing fair wear and tear. This helps set expectations around what level of property use is considered reasonable over time."

Making deductions to a tenant's deposit 

1. As a landlord, you must return the deposit to your tenants within 10 days of you both agreeing how much you'll give back.  
2. If there's disagreement on the amount, the deposit remains protected until there is a resolution. 
3. If you can’t reach a middle ground, consider using the Tenancy Deposit Scheme (TSD) or another approved government scheme - where an impartial third party will mediate if you and your tenants can’t come to an agreement.  

A real world example 

As a landlord, when making deductions, you need to be fair and can only charge proportionate amounts. You cannot charge the full cost of a replacement item if it could have been cleaned or repaired for a cheaper price. For example, if a carpet stain can be professionally cleaned for £50, you can't charge £250 for carpet replacement. 

Age and betterment conditions 

When defining the replacement amount for damages, you should account for the age and condition of damaged items. For example, if the carpet is five years old and a new carpet of similar quality costs £250. It's reasonable for you to charge £125 of the deposit towards the new carpet. 

The" betterment" principle means tenants shouldn't have to pay for improvements to your property. If you replace a damaged 7-year-old carpet with a new one, the tenant should only really pay for the remaining value of the old carpet. 

Evidence for successful claims 

When you need to take some of a deposit but end up in a dispute – you'll need to provide evidence to be successful in your claims.  It’s not unusual for tenants and landlords to disagree about damages – especially when there is no evidence to prove them. 

 To avoid issues, keep a log of evidence. Consider the following: 

• Dated photos/ videos showing before and after living conditions 
• Keeping repair quotes or invoices 
• Communication records with the tenant (emails, texts - for example) 
• Proof of the original item's age and cost 

How do I recover costs when the damages cost more than the deposit? 

If your tenants have really caused havoc in your property and racked up some seriously expensive damages that are more than the deposit amount, then there are other routes to go down to recover the costs. 

For example, badly stained carpet throughout and broken windows aren’t cheap to replace. If you’ve asked them to pay the extra costs and they refuse, then the ability to take them to court depends on your evidence and if the tenant is able to pay.

Taking it to the small claims court 

As a last resort, and for claims up to £10,000, the small claims courts can be a quick and cost-effective way to resolve tenant property damage disputes. The process is designed so you don’t always need a solicitor, and costs are relatively low. 

If the damage amounts to less than £10,000, you can tell the tenant you intend to take them to the 'small claims court' unless they repair the damage within a specified time.  

This formal notice often encourages them to pay without you needing to take them to court, which can rack up legal fees. 

Court fees typically range from £35 for claims under £300 to £410 for claims between £5,000 and £10,000.  

Can I claim on my insurance for tenant damage?  

If you have the right cover in place, such as landlord contents insurance, then you may be covered in certain circumstances if you need to make a claim.  

Depending on your situation, having residential landlord insurance or commercial landlord insurance can be a good idea to help cover the costs of your damaged building or even rent you lose out on because an unforeseen event – like a natural disaster. 

Some insurers also offer cover for malicious damage by tenants, though it usually includes higher excesses and stricter tenant vetting requirements. 

It’s worth noting that insurance cover can only help with one-off, unforeseeable events. If your property suffers damages over a period of time, then it is unlikely to be covered.  

Can I evict tenants for property damage? 

If tenants cause significant damage while still occupying your property, you may have grounds for eviction under Section 8 of the Housing Act 1988.  

If a tenant has damaged your property on purpose, you may be able to evict them for breaching their tenancy contract. To do this, you'll need to issue the tenant with a Section 8 notice. It’s probably the best idea to do this via a formal email or letter. 

Currently, as a landlord, you can serve a Section 21 to a tenant. This means you can ask a tenant to leave for no fault of their own, even if you want new tenants and to increase the rent. However, the issue with this is that many private renters in England face the fact they could be uprooted from their home with little notice and not much justification.  

With the upcoming Renters’ Rights Bill set to happen in late 2025, a section 21 notice will no longer be possible plus there are some other changes you need to be aware of:

• Abolished no-fault evictions - Section 21 will be abolished, this means you can’t evict a tenant without valid grounds to do so, like damages or if you need the property to live in or sell. 
• New tenancy model - Fixed term tenancies will end and become periodic and open-ended. This means there won’t be fixed end dates to a tenancy
• Annual rent increases – You'll only be able to increase rent once a year, with new restrictions on the amount. It must be fair and in line with market trends 
• Pet requests - You will need to consider any requests to have a pet and provide a valid reason for refusing 
• New landlord ombudsman - You will be required to join a new, mandatory ombudsman scheme to resolve disputes with tenants  
• National database - You will have to register your property and yourself on a new digital Private Rented Sector Property Portal 
• New possession grounds - The grounds for regaining possession of your property will be tightened and made fairer for tenants 

More details should be given by the government in late 2025.

The aim of these measures is to make life easier and fairer for private renters – but as long as you follow the new regulations, there is no reason for them to become a headache for you as a landlord. 

How can I prevent tenant damage with future tenants? 

The best way to prevent damages to your property is to do thorough checks when screening possible new tenants. Here’s what you should do: 

Screening a tenant 

Screening a tenant means you can pick up on potential tenant ‘red flags’ before they get into your property.  

When it comes to insurance matters, some insurers now make it a requirement for landlords to formally screen tenants and take written references from previous landlords.  This can help give confidence to insurers when taking out contents and building cover. 

When screening tenants you should include:

• Photo identification and right-to-rent verification 
• Credit history check for CCJs and bankruptcies 
• Employment verification with salary confirmation (minimum 2.5 x monthly rent) 
• Previous landlord references 
• Bank statements showing regular income 

Some insurers may also require you to regularly inspect your property and keep a log of all inspections for future reference.  

Professional inventory and check-in procedures 

As mentioned above, you should do an inventory check-in before your tenant moves in. You should then repeat this when they move out.  

At the end of a tenancy, any severe damages that will cost you to repair can potentially be taken from the deposit. This is why it is vital for you to follow this process and to communicate any issues found to the tenant. This will help avoid disputes and make sure you can recover the costs. 

Check-in and check-out procedures should cover:

• Detailed room-by-room descriptions – Think detailed videos of the property with commentary  
• High-quality photographs of all areas – Noting down any damages before tenants move in and after they’ve left 
• Condition notes for furniture, fixtures, and fittings - Noting down any minor damages, scuffs, marks and even hairline cracks 
• Meter readings – Take meter readings before a tenant moves in and after they move out so you can identify who needs to pay the bills. 
• Tenant signatures – You send the check-in and check-out inventory to your tenants and get them to sign in agreement. Keep these stored somewhere safe and accessible.  

Keeping your property protected with Bionic

With upcoming legislation set to strengthen your tenants' rights, as a landlord, it’s really important to brush up on how you go about recovering costs, the right way, for genuine property damages.

One way to do this is by having the right insurance in place to help protect your property. Bionic can help sort this for you. Find out more with our insurance guides or get in touch with us today to consider quotes. 

_{This guide is for informational purposes only and does not constitute legal or insurance advice. While we aim to provide accurate and up-to-date information for UK landlords, individual circumstances may vary. Always consult a qualified legal professional or your insurance provider before taking action related to tenancy disputes, property damage, or insurance claims.}