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Damage claims are where reasonable landlords and reasonable tenants stop being either, usually because one side skipped the evidence. The law's dividing line is fair wear and tear: faded paint, worn carpet in walkways and minor scuffs are the landlord's cost of doing business, while holes, stains, burns and breakages beyond normal use are claimable. Everything after that line is documentation β the entry condition report and photos that establish the baseline, exit photos that prove the damage, and repair receipts that set the amount. This guide walks the claim from inspection to resolution, including the part most landlords mishandle: when damage exceeds the deposit and the claim moves toward the tenant or their contents insurer.
How to handle property damage and claims the defensible way β what is claimable, fair wear and tear, documentation, and dealing with the tenant's insurer.
Fair wear and tear is the normal ageing a property undergoes with ordinary use β faded paint, worn carpet in traffic paths, minor scuffs. Damage is what happens beyond normal use: holes, burns, stains, breakages. The entry condition report is the evidence that separates the two.
Yes, in most jurisdictions β the deposit is a cap on the money you hold, not on what you can recover. Damage beyond the deposit can be claimed from the tenant directly or through their contents insurance where it covers liability for property damage.
Tribunals see inflated claims constantly, and a landlord who claims a gold-plated repair when a reasonable one exists loses credibility on the whole claim. Claim only what is genuine, prove it with receipts and photos, and the legitimate parts will stand.
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