Who pays for what between landlord and tenant, and where exactly is the line?

In short: As a rule of thumb: you’re responsible for anything structural, anything to do with heating/hot water/gas/electrical safety, and anything you provided as part of the let (appliances, furnishings); the tenant is responsible for day-to-day cleanliness, minor consumables (lightbulbs, batteries), garden upkeep if the tenancy says so, and any damage beyond normal use. The concept that draws the real line is “fair wear and tear”, gradual deterioration from ordinary living is on you; damage from misuse, neglect or accident is on the tenant.

The landlord side of the line

You are responsible, by law (Section 11, Landlord and Tenant Act 1985) and by the practical reality of being the property owner, for:

Structure and exterior, roof, walls, foundations, windows, external doors, guttering, drains, damp-proofing
Heating and hot water systems, the boiler, radiators, immersion heater, and their servicing (annual boiler service is good practice even though only the gas safety check is a strict legal requirement)
Gas safety, an annual Gas Safety Certificate (CP12) is a legal requirement for any gas appliance you provide
Electrical safety, a valid Electrical Installation Condition Report (EICR), renewed at least every 5 years, covering the fixed wiring and installation
Any appliances you supplied, if the tenancy includes a landlord-provided oven, washing machine, fridge, etc., you’re responsible for repairing or replacing them when they fail through normal use (not through tenant misuse)
Smoke alarms and carbon monoxide alarms, required on every floor with a room used as living accommodation (smoke) and in any room with a fixed combustion appliance like a solid fuel burner (carbon monoxide), tested and working at the start of every tenancy
Fitness for human habitation, under the Homes (Fitness for Human Habitation) Act 2018, the property must be genuinely liveable throughout, not just at check-in

The tenant side of the line

Tenants are generally responsible for:

Day-to-day cleanliness, keeping the property reasonably clean during the tenancy and returning it in a similarly clean state at the end (not spotless, reasonably clean, accounting for fair wear and tear)
Minor consumables, lightbulbs, batteries in smoke alarms and remote controls, fuses (unless the fault is in the fixed wiring itself)
Garden upkeep, but only if the tenancy agreement explicitly makes this the tenant’s responsibility; otherwise it defaults to being unclear, so specify it in the contract
Reporting problems promptly, most tenancy agreements require tenants to notify you or your agent of repair issues in reasonable time; if a small leak becomes a big one because it wasn’t reported, that delay can affect liability
Damage beyond fair wear and tear, anything caused by misuse, neglect, an accident, or an unauthorised change to the property (e.g., pet damage, burns, holes from unauthorised fixings, broken items from rough handling)
Minor internal decorating touch-ups are sometimes tenant responsibility if specified, though most standard tenancies leave general redecoration as a landlord matter

What “fair wear and tear” actually means

This is the concept that causes the most disputes, especially at check-out, so it’s worth being precise about it. Fair wear and tear is the gradual deterioration that happens through normal, everyday use of a property over time, it’s expected, unavoidable, and not something you can charge the tenant for.

Examples of fair wear and tear (landlord’s cost):

Carpet pile flattened by foot traffic or furniture indentations after a multi-year tenancy
Faded curtains or paint from sunlight exposure
Small scuff marks on walls and skirting boards from ordinary living
Loosened door handles or hinges from years of use
A worn patch on a hallway carpet where people walk most often
General “tiredness” of decor after a long tenancy, most deposit adjudicators expect landlords to factor in the length of the tenancy and depreciate accordingly (a stain on a 10-year-old carpet is judged differently from the same stain on a carpet installed six months ago)

Examples of damage beyond fair wear and tear (potentially chargeable to the tenant):

Cigarette burns or pet scratches on carpets or furniture
Holes in walls from unauthorised shelving or damage
Broken windows, doors or fixtures from misuse
Stains from spills that weren’t cleaned up and left to set in
Missing items listed on the inventory

The key test used by deposit scheme adjudicators is: would this have happened anyway, over time, through ordinary use by a reasonable tenant, regardless of who was living there? If yes, it’s wear and tear and it’s your cost. If the damage is clearly attributable to something this specific tenant did wrong, it’s chargeable.

Why the line matters in practice

Getting this right protects you two ways: it stops you wrongly billing tenants for things that will get overturned in a deposit dispute (wasting your time and damaging your reputation as a landlord), and it stops you accidentally neglecting repairs that are legally yours to fix, which risks a Fitness for Human Habitation claim or a poor outcome if the tenant escalates. A detailed, dated, photographed check-in inventory, compared fairly against the check-out condition, with the length of tenancy and item age factored in, is the single best tool for keeping this line clear and defensible (more on this in Q37).

Sources

This is general information, not legal, tax, or financial advice. Rules referenced are accurate to the best of available information as of July 2026 for England unless stated otherwise. Always check current government guidance (gov.uk) or consult a solicitor for your specific situation.

Last Updated on September 30, 2026

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