Nearly £7,000 is the maximum fine landlords now face for failing to give tenants a specific information sheet by 31 May 2026. That figure alone tells you how seriously the rules around renting in England have shifted. I’ve been covering property law changes for a while now, and the Renters’ Rights Act 2025 has reshaped what both sides need to know — especially when it comes to damage and who pays for what.
Most tenants assume their deposit covers everything. It doesn’t. And the new rules mean the old “just fix it and move on” approach can land you in a formal dispute faster than ever. Understanding what counts as damage, what doesn’t, and how to handle it properly is the difference between walking away with your full deposit and losing hundreds of pounds. Here’s what you actually need to know.
If you’re currently renting or about to sign a new tenancy, the first practical step is knowing what your agreement actually says about damage. A clear understanding of what landlords expect from tenants can help you avoid surprises later. And if you want to protect yourself from accidental damage claims, a carbon monoxide alarm is a simple, cheap way to show you’re taking property safety seriously — something landlords notice.
What counts as property damage under English tenancy law
The most important distinction is between damage and reasonable wear and tear. English law expects you to keep the property “in the condition it was let”, allowing for normal use over time. That means faded paint, slightly flattened carpet in hallways, and tiny pinholes from hanging pictures are not your problem. But breaking a door, staining a carpet through carelessness, or leaving mould because you never opened a window — that’s on you.
Your tenancy agreement will usually state you’re responsible for damage caused by you or your guests, as set out in Section 11 of the Landlord and Tenant Act 1985. That covers repairs and the cost of restoring the property to its previous condition. What I’d tell any tenant is this: read that clause before you sign. If it says something vague like “keep the property in good condition,” ask for clarification. Vague language is where disputes start.
If you’re unsure whether something counts as damage, compare it to the inventory or check-in report you got when you moved in. That document is your best friend. A guide to winning deposit disputes can walk you through exactly how to use that report to protect yourself.
How the Renters’ Rights Act 2025 changes the rules for tenants
The Renters’ Rights Act 2025 passed into law on 27 October 2025 and brings the biggest shake-up to private renting in England in decades. Most changes take effect from 1 May 2026. The headline is the end of Section 21 “no fault” evictions — landlords can no longer evict you without a reason after your fixed term ends. Instead, they must use one of the modified Section 8 grounds, which now include new mandatory grounds like Ground 1A (the landlord intends to sell the property).
What does that mean for damage liability? Under the old system, a landlord could serve a Section 21 notice without needing to prove anything about damage. Now, if they want possession because of damage, they have to prove it under a specific Section 8 ground. That’s a meaningful shift. It means disputes about damage are more likely to end up in formal proceedings rather than being resolved by a simple eviction notice.
Another change: all fixed-term assured tenancies will automatically convert into rolling periodic tenancies from 1 May 2026. Your tenancy period becomes one month or less, depending on how you pay rent. You can end the tenancy with at least two months’ notice. That gives you more flexibility, but it also means you need to be more careful about damage at the end — because the landlord has less time to inspect and raise issues before you move out.
If you’re a tenant in a property where the landlord gave a Section 21 or Section 8 notice before 1 May 2026, special transitional rules apply. Once that notice expires or court proceedings finish, your tenancy becomes an assured periodic tenancy under the new rules. Your landlord then has one month to give you the Information Sheet. If they don’t, they risk that fine. I’d suggest keeping a copy of the sheet yourself — it’s available on gov.uk — so you know your rights regardless of what your landlord does.
Where tenants get property damage wrong
Most damage disputes don’t happen because tenants are careless. They happen because tenants don’t understand the rules. Here are the most common mistakes I see, backed by what the research actually shows.
Confusing normal wear and tear with damage
This is the biggest one. Tenants often accept deductions for things like faded paint or worn carpet, assuming they’re responsible. They’re not. Under English law, reasonable wear and tear is the landlord’s cost of doing business. If your deposit scheme sees a deduction for “carpet wear in hallway” after two years, they’ll likely reject it. The key is knowing what counts. Faded paint from sunlight? Wear and tear. A red wine stain you didn’t clean up? Damage. If you’re unsure, check your inventory photos from move-in day. They’re the evidence that decides the dispute.
Not reporting damage immediately
I’ve seen tenants wait weeks to report a broken window or a leaky pipe, hoping it won’t be noticed. That’s a mistake. The longer you wait, the worse the damage gets — and the more likely the landlord will argue you were negligent. Report damage in writing as soon as it happens. Email is fine. Keep a copy. Agree on the repair method and who pays before any work starts. If you have renters’ insurance, contact them too. A renters’ insurance guide can help you understand what your policy covers.
Assuming the deposit covers everything
Your deposit is not a slush fund. It’s protected in a government-approved scheme like the Deposit Protection Service. If your landlord wants to deduct for damage, they must provide evidence — photos, receipts, or a professional quote. You can dispute any deduction through the scheme’s free dispute resolution service. The process is straightforward: you log into the scheme’s portal, upload your evidence, and an independent adjudicator decides. No court needed. Most disputes are resolved within weeks.
Ignoring mould and ventilation issues
Mould is a common source of disputes, and tenants often lose. If mould is caused by poor ventilation — not opening windows, drying clothes indoors without ventilation, blocking air vents — you’re liable. Landlords are responsible for structural issues like leaks or rising damp, but if the mould is clearly from your behaviour, expect a deduction. A simple water leak detector can alert you to moisture problems before they become mould issues. It’s cheap and gives you proof you were monitoring the situation.
→ Scroll right to see all columns
| Type of issue | Tenant responsible? | Example |
|---|---|---|
| Broken window from accident | Yes | You or a guest breaks a window |
| Faded paint from sunlight | No — wear and tear | Paint fades over time in a sunny room |
| Mould from poor ventilation | Yes | Not opening windows, drying clothes indoors |
| Mould from structural leak | No — landlord’s issue | Leaking pipe behind a wall |
| Carpet stain from spill | Yes | Red wine or coffee not cleaned promptly |
| Carpet flattening in hallway | No — wear and tear | Normal foot traffic over two years |
What to do if you cause damage — a practical guide
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If you accidentally damage something in your rental, don’t panic. The process is straightforward if you follow the right steps. Here’s what I’d do, based on what the research and the law actually say.
Report damage in writing immediately
Send an email or text to your landlord or letting agent as soon as you notice the damage. Include photos. Describe what happened and when. This creates a written record that protects you if there’s a dispute later. Don’t try to hide it or fix it yourself without permission — that can make things worse. If the damage is minor, like a small hole in the wall, ask if you can repair it yourself using a professional. If it’s major, like a broken window, let the landlord arrange the repair and agree on the cost upfront.
Check your tenancy agreement and insurance
Your tenancy agreement will say who’s responsible for what. Most agreements say you’re liable for damage you cause. But your renters’ insurance may cover accidental damage. Contact your insurer and ask. If you don’t have insurance, consider getting it. A renters’ insurance policy typically costs a few pounds a month and can save you hundreds in a single claim.
Agree on repair method and cost in writing
Before any work starts, agree with your landlord on how the repair will be done and who pays. Get it in writing. If you’re paying, ask for a quote or receipt. If the landlord is arranging the repair, ask for the cost in advance. This avoids surprises later. If you can’t agree, the deposit scheme’s dispute resolution service can step in. But it’s better to agree upfront than to fight about it after you’ve moved out.
Use the inventory to your advantage
Your check-in report or inventory is the baseline. Compare the damage to that document. If the damage is similar to what was already noted, you’re not liable. If it’s new, you need to address it. Take your own photos at move-in and move-out. They’re the strongest evidence in any dispute. A deposit dispute guide can show you exactly how to present that evidence.
- 1Report damage in writingEmail or text your landlord with photos and a description. Keep a copy. Do this immediately — don’t wait.
- 2Check your insurance and tenancy agreementSee if your renters’ insurance covers accidental damage. Read the damage clause in your tenancy agreement.
- 3Agree on repair method and costGet written agreement on who fixes it and who pays. Ask for quotes or receipts. Don’t start work without permission.
- 4Compare to your inventoryCheck the damage against your move-in photos and inventory. If it was already noted, you’re not liable.
- 5Dispute unfair deductionsIf your landlord tries to deduct unfairly, use your deposit scheme’s free dispute resolution service. Upload your evidence online.
What happens if you and your landlord can’t agree
If you disagree on what counts as damage or how much it costs to fix, independent help is available. Your deposit protection scheme offers a free alternative dispute resolution service. You log into their portal, upload your evidence (photos, receipts, inventory), and an independent adjudicator decides. No court needed. If the dispute is about something more serious, like the landlord claiming you owe thousands in repairs, you may need to speak to a tenant landlord lawyer who specialises in these cases. The First-tier Tribunal (Property Chamber) can also handle certain tenancy disputes in England.
Frequently asked questions about lease property damage
Can my landlord deduct from my deposit for any damage? ▾
What if the damage was caused by a guest? ▾
Do I need renters’ insurance to cover accidental damage? ▾
What if the damage was already there when I moved in? ▾
Can I repair the damage myself to avoid a deduction? ▾
What happens if I can’t afford to pay for the damage? ▾
The key takeaway is simple: know what counts as damage, report it immediately, and keep written records of everything. The Renters’ Rights Act 2025 gives you more protection than before, but only if you use it. Your deposit scheme’s dispute resolution service is free and effective — don’t be afraid to use it if your landlord tries to deduct unfairly. If this was useful, you might also want to read unfurnished renting in the UK: know your rights.
Sources and Further Reading
Furnished vs unfurnished: which UK rental option is right for you? — A practical comparison to help you choose the right tenancy type and understand what you’re responsible for.
Renters’ Rights Act Information Sheet 2026. Ministry of Housing, Communities and Local Government, 2026.
Property damage by tenants: your responsibilities explained. Tenant Rights UK, 2026.
United Kingdom: Renters’ Rights Act 2025. Baker McKenzie, January 2026.
