For most tenant damage, start with the deposit: if the damage is beyond fair wear and tear and you have good check-in and check-out evidence, you can claim deductions through the tenancy deposit scheme. Landlord insurance is for bigger losses, and only if your policy includes the right cover: malicious damage by tenants is often excluded or an optional extra, and accidental damage is usually an add-on. Many landlords use both, with the deposit covering the excess or the smaller items.
This guide explains how each works, what counts as wear and tear, and how pet damage fits in now that tenants in England can ask to keep a pet.
How the deposit works
In England, deposits for assured tenancies must be protected in a government-approved scheme within 30 days, with the prescribed information given to the tenant. Under the Tenant Fees Act 2019, the deposit is capped at five weeks' rent where the annual rent is under £50,000, or six weeks' where it's £50,000 or more.
At the end of the tenancy you can propose deductions for:
damage beyond fair wear and tear,
missing items,
cleaning to return the property to its check-in standard,
unpaid rent or bills the tenant was responsible for.
If the tenant disagrees, the scheme's free dispute service decides, based on evidence. The burden is on you to show the deduction is justified.
Evidence wins deposit disputes
A detailed check-in inventory with dated photos, signed or acknowledged by the tenant.
A check-out report using the same format.
Mid-tenancy inspection notes.
Receipts or quotes for repairs and the age of the item being replaced.
Without an inventory, deposit claims are hard to win.
What is fair wear and tear?
Fair wear and tear is the deterioration you'd expect from normal use over time, taking into account the length of the tenancy, the number of occupants and the age of the item. Examples include:
Usually wear and tear: light scuffs on walls, faded curtains, worn carpet in walkways, loose door handles.
Usually damage: burns, large stains, holes in walls, broken fixtures, damage from unauthorised alterations.
You can't charge a tenant to replace an old item with a new one. Deductions should reflect the item's age and remaining life.
When landlord insurance pays
Landlord policies vary a lot. The main types of cover for tenant damage are:
Malicious damage by tenants. Deliberate damage by the tenant or their guests. Many policies exclude it as standard or offer it as an option, often with a higher excess, and it may only apply if the tenant was referenced.
Accidental damage. Sudden, unintended damage, such as spilled paint on a carpet or a dropped kettle cracking a worktop. Usually an add-on for buildings and contents.
Contents cover. Needed for your furniture, white goods and carpets in a furnished let.
Buildings cover. Covers the structure for insured events. See our landlord buildings insurance guide.
Things most policies won't pay for:
wear and tear and gradual deterioration,
damage the deposit already covers,
damage from poor maintenance,
losses below the excess.
Deposit or claim: a simple order
Assess the damage and get repair quotes.
Compare the cost with your excess. If it's below or near the excess, the deposit is the only realistic route.
Claim from the deposit for what's clearly the tenant's responsibility.
Claim on the policy for larger losses that fall within cover, telling the insurer about any deposit money received.
Keep everything: inventories, photos, quotes and correspondence.
If the tenant also owes rent, the deposit may already be used up. See our guide on what to do if a tenant isn't paying rent and our rent guarantee insurance guide.
Pets after the Renters' Rights Act
Since 1 May 2026, tenants in England can ask to keep a pet, and you must respond in writing within 28 days and can't unreasonably refuse. The final Act doesn't let landlords require the tenant to take out pet insurance, or require it as a condition of consent.
The Tenant Fees Act 2019 still applies, so you can't take a separate pet deposit on top of the capped deposit. That leaves:
the normal deposit, within the cap, for any pet damage beyond wear and tear,
your own landlord policy, if it includes cover for pet damage. Many don't, so check the wording,
clear evidence at check-in and check-out.
If you agree to a pet, ask your insurer whether your cover changes, and record any conditions you agree with the tenant. See our Renters' Rights Act guide.
Avoiding damage in the first place
Reference tenants properly. It's often a condition of malicious damage and rent guarantee cover.
Inspect regularly, with notice, and record what you find.
Fix small problems quickly. A slow leak left unreported can become serious.
Make reporting easy for tenants.
Making an insurance claim for tenant damage
If the damage is large enough to claim:
Report it promptly to your insurer. Late notification can affect the claim.
Report deliberate damage to the police if it's malicious, and get a crime reference number. Many insurers require one.
Gather evidence: check-in inventory, check-out report, photos, inspection notes and repair quotes.
Don't start major repairs before the insurer agrees, unless you need to make the property safe.
Record what you recover from the deposit, as the insurer will take it into account.
Consider loss of rent. If the damage makes the property uninhabitable, check whether your policy covers lost rent during repairs.
Furnished vs unfurnished lets
In an unfurnished let, tenant damage mostly affects the building: walls, floors, doors and fixtures. In a furnished let, your contents are at risk too, so you'll need landlord contents cover with an accidental or malicious damage option if you want protection beyond the deposit. Either way, a detailed inventory is the single most useful document you'll have.
Tenant damage in HMOs and shared houses
In shared houses, damage to communal areas can be hard to attribute to one tenant. Joint tenancies make all tenants jointly responsible; individual room lets usually don't. Clear house rules, regular inspections of communal areas and a separate inventory for each room help. Check whether your HMO policy covers malicious damage by tenants and what excess applies. See our page on HMO landlord insurance.
Frequently asked questions
Does landlord insurance cover tenant damage?
Only if your policy includes it. Malicious damage by tenants is often an optional extra, and accidental damage is usually an add-on.
What's the difference between malicious and accidental damage?
Malicious damage is deliberate. Accidental damage is sudden and unintended. Insurers treat them separately and may set different excesses.
How much deposit can I take?
Up to five weeks' rent if the annual rent is under £50,000, or six weeks' if it's higher.
Can I charge a pet deposit?
No. You can't take a separate pet deposit on top of the capped deposit.
Can I make my tenant take out pet insurance?
No. The Renters' Rights Act as passed doesn't allow it.
Is wear and tear covered by insurance?
No. Wear and tear is excluded by insurers and can't be deducted from the deposit.
Check what your policy covers for tenant damage
Send us your current landlord policy or renewal and we'll review it and come back with quotes from the insurers on our panel. Start with your buy-to-let details.
Meshed is a trading name of Mesh'd Limited, authorised and regulated by the Financial Conduct Authority (FRN 1033248). We charge a flat 10% broker fee. This guide is general information, not legal advice.
Vincent Liu
Co-founder & CTO
