First and foremost it should be stated that the law does not allow for betterment, which means a landlord cannot expect to have old replaced with new at the tenant's expense, or indeed clean for that soiled at the start of the tenancy.
The tenant has a duty of care to return the property at the end of the tenancy in the same condition, "Fair Wear and Tear" excepted, as that recorded on the inventory at the start of the tenancy. Landlords should provide documentation and information on any items of particular value such as antiques, collectable's, art works etc. items of no particular value other than being of sentimental value should be removed from the property.

Decorations

There will be many circumstances where excessive wear and tear will require compensation or charges to make good, e.g. numerous nail or pin holes, torn wallpaper, paint/woodwork gouges, soiling etc.
Landlords should expect acceptable associated deterioration to their property when permitting: smokers, families with young children and pets.
Damage caused by smoking, tar and nicotine staining/soiling may not be considered to be fair wear and tear depending on the letting agreement.
Location is an essential aspect of the life expectancy of many wall coverings.

Manufacturer's and/or professional advice may be required in the event of pattern wear, rubbing and general durability.

If there is any doubt with regard to the life of specialist coverings, such as silk panels, linen/silk finished wallpaper etc, it is advisable to recommend that specialist advice be sought with regards to cleaning or making good.

The Principle of Apportionment

Example 1

At check-in a carpet had not been freshly cleaned and it had a few spot marks. At check-out it was found to be soiled. In this scenario the landlord will not be entitled to full compensation for its cleaning costs, because that would be betterment. A fair solution is for the tenant to pay a percentage of the cleaning costs
The percentage is dependent upon:

• The degree of soiling at check-in.
• The degree of soiling at check-out.
• When the carpet etc was last cleaned.
• An allowance for reasonable use during the tenancy.
• Any extenuating circumstances e.g. building or plumbing work, re-wiring etc.

Example 2

A rug is missing at check-out it is described at the check-in as having residual soiling, and a few tassels missing. What should the tenant pay?

The tenant pays a portion of the cost of an equivalent replacement, taking into account:

• Expected life expectancy of the rug expressed as a fraction of the total life expectancy, say 2/5ths.
• Known damage to the rug at check-in which reduces the liability fraction by say 1/10th.
• This gives a liability of 3/10ths of the value of a replacement.

Example 3

From the narrow hall into the kitchen there is a sharp right hand turn. Clearly the exposed corner wall is very vulnerable and is subject to considerable wear, finger marks and light scuffing. At check-in it was noted that the magnolia emulsion was newly washed down but lightly scuffed though the surface was unbroken. At the end of the 2 year tenancy, after being washed down by the tenant prior to check-out it appears to have worn through, and there is a bad chip. You know that the landlord believes the tenant should pay for the repainting of the hall. What is fair wear and tear and what is damage in such a circumstance? Whilst it can be argued that an exposed location will have to have its emulsion renewed more often than that in a sheltered spot, what is appropriate in this circumstance? The damage will have to be made good at the tenants expense. How much? We recommend that all of the cost of the repair to the corner wall, plus an appropriate contribution for the repainting of that specific area only, though the age of the decorations has to be taken into account. The remainder is normal maintenance which is the landlords responsibility