Who pays for accidental damage caused by a tenant?

It is a question that landlords and tenants alike frequently ask. In the event of accidental damage by a tenant, who pays?

This is a slightly more complicated question to answer than you might first imagine. A lot depends on the specific circumstances and the type of damage.

It is also important to emphasise that accidental damage is not the same thing as malicious or deliberate damage. Nor is an incident of ‘accidental damage’ the same thing as gradual ‘fair wear and tear’ to a property over time.

So, when it comes to the subject of who is liable for accidental damage to a rental property, there is a lot that needs to be clarified and explained. Let’s set out the essentials.

Accidental damage by a tenant – who pays?

As a general rule, the tenant will probably be responsible for the damage they cause to the property.

But as we mentioned above, the reality may be a bit more complex than that.

It may be the tenant’s responsibility, then, to resolve and pay for damage such as the following:

• Broken windows 
• Staining of the carpet 
• Damage caused to furniture that the landlord has provided 

Accidental damage is included in this – it isn’t only deliberate or malicious damage that is the tenant’s responsibility.

This may also apply if tenants make changes to a property that most of us probably wouldn’t strictly consider to be “damage”. For example, if they redecorate the property without the landlord’s permission. The tenant may be liable for restoring the property to its original state.

However, there is an important distinction to be made between who is liable to pay for repairs in the event of accidental damage, and who may be responsible for, or carrying out such repairs.

It may be that your tenant is liable to pay for necessary repair work. As the landlord, you will need to take responsibility for repairing the tenant damage and making sure the work is undertaken to your satisfaction.

Accidental damage vs ‘fair wear and tear’

The term ‘fair wear and tear’ refers to the damage or deterioration as a result of normal use or ageing. Landlords should expect fair wear and tear to happen over time.

As a landlord, you are responsible for fair wear and tear. This should not be confused with the damage that a specific incident might cause.

Examples of fair wear and tear include:

• Carpets becoming gradually worn out 
• Electrical appliances reaching the end of their lifespan 
• Fading paint on the walls 

There can, of course, be grey areas in what constitutes fair wear and tear and what can be regarded as accidental damage to a rental property.

If, for example, damage to an electrical appliance is caused by a specific incident such as the tenant dropping it, this may be the tenant’s responsibility. But if there wasn’t a specific incident and damage has simply developed on the appliance due to it being old and worn, the landlord is likely to be responsible for this.

The legal situation: is your tenant behaving in a ‘tenant-like manner’?

It is difficult to talk about the subject of accidental damage in a rental property, without referring to the Landlord and Tenant Act 1985. This legislation provides answers to the question of who is responsible for damage caused in a rental home.

Section 11 of this Act addresses the topic of repairs in a rented property. It states that when it comes to the structure and exterior of a building, including the drains and gutters, the landlord is responsible. It is also up to the landlord to keep the property in proper working order.

This means that in the event of accidental damage being caused to the walls, floors, ceilings, roof, windows, doors, or any of the property’s other structural parts, it is the landlord who will be liable for the damage. It is you, then, who will need to pay for any repairs to be undertaken as soon as possible.

However, as the landlord, you won’t be responsible for, or obliged to carry out any repairs, in the case of damage caused by a tenant who has failed to act in a ‘tenant-like manner’.

So, this factor of the ‘tenant-like manner’ is crucial. The tenant renting your property should treat it with respect. In the event of any damage that is deliberate or as a result of incorrect use of the facilities, they will need to pay for this damage.

A classic example of this is if the tenant overfills the washing machine. As a consequence – a leak occurs. This leads to the kitchen being flooded. The tenant may be liable in this situation despite the damage being genuinely accidental and impacting the areas of the property the landlord is responsible for because the fault would lie with the tenant.

Can you sue a tenant for property damage?

In practice, if a tenant causes accidental damage to your property and they are liable to pay for the repairs, you may simply deduct the costs of repairs from the tenant’s deposit.

If the costs of damage repairs exceeds the deposit amount, you can pursue legal action.

If the repair costs are anything up to £3,000, you can seek compensation through the small claims court. This procedure doesn’t necessitate the use of a solicitor’s services. So this isn’t a route that will force you to incur heavy legal costs.

A certain degree of wear and tear is to be expected over time when someone lives in a property. However, it is possible that in the case of your property, the level of depreciation goes beyond the reasonable threshold. This may result in damage to the property, which might give you, as the landlord, grounds to sue.

Are there ever circumstances in which a landlord pays for accidental damage to a rental property?

As a general rule, it is the landlord’s responsibility to repair accidental damage that was not caused by the tenant. Examples of this include water damage caused by leaks from a neighbour’s flat, or broken windows caused by a burglar.

But of course, our focus in this guide is specifically on accidental damage that a tenant causes. If a tenant accidentally damages your property, depending on the circumstances, it is likely that they will need to pay for this.

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