Accidental damage vs wear and tear – a guide for landlords

Whether it’s a spilled drink on a new carpet or a cracked window, accidental damage is an unfortunate but common part of being a landlord. 

Almost a third (29 per cent) of landlords experienced damage to their property caused by tenants between 2023 and 2024, according to the National Residential Landlords Association. 

This led to one in 10 making an insurance claim during the same period.

How you handle instances of accidental damage can have a big impact on your finances as well as the relationship with your tenants. 

So, when it comes to accidental property damage, what are your responsibilities and what do your tenants need to do? Plus, how do you manage repairs and related insurance claims?

Follow our step-by-step guide to help you protect your property.

What counts as accidental damage in a rental property?

Accidental damage refers to sudden, unexpected harm to your property or its contents that isn’t caused by deliberate action or neglect. This is different from ‘malicious damage’, which is intentional damage caused by a tenant or their guest. It’s also different from ‘wear and tear’, which is the gradual deterioration that happens over time.

Examples of accidental damage include:

• a football being kicked into a window, causing it to crack
• spilling a drink and staining a carpet
• a child drawing on the walls with crayon

Examples of malicious damage could include a:

• window being smashed as an act of anger during an argument
• door being deliberately removed from its hinges
• serious burn mark caused by a cigarette being stubbed out deliberately

Example of wear and tear could include:

• minor scuffs on walls from daily use
• curtains fading over time due to sun exposure
• a worn-out carpet in a busy area of the property (such as the kitchen)

Your tenancy agreement should clearly define these terms. This helps manage expectations and provides a reference point if a dispute arises.

Accidental damage: are tenants or landlords responsible?

When accidents happen, understanding who’s responsible for the repair is crucial. This usually depends on how the damage happened and what’s stated in your tenancy agreement.

When are tenants responsible for accidental damage?

Tenants are generally responsible for repairing or covering the cost of damage they, or their guests, have caused accidentally or deliberately. For example, if your tenant breaks a door handle through misuse, it’s typically their responsibility to fix it.

Your role is to ensure the repair is completed to a professional standard. You can either:

• allow the tenant to arrange the repair themselves (subject to your approval) 
• arrange the repair yourself and charge the cost to the tenant

When are landlords responsible for accidental damage?

As the landlord, you’re responsible for the property’s structure and exterior, as well as installations for key services like water, gas, and electricity. 

For example, if a roof tile is blown off in a storm and causes a leak, you’ll need to get it fixed. You’re also responsible for fixing general wear and tear, such as replacing worn out carpets or curtains.

How to assess accidental damage in your property

When your tenant reports an incident, you’ll need to assess the extent of the damage. Getting problems fixed quickly can often stop them getting worse and save you time and money in the future.

When assessing accidental damage, follow these three steps to help you on your way:

1. Get as much information as possible 

If your tenant reports accidental damage, ask them to send you photos or a video as quickly as possible. This can help you to understand the scale of the problem. Photos and videos can also be useful evidence further down the line.

2. Arrange a visit to gather more information 

After damage has been reported, you should try to visit the property as soon as possible (particularly if it seems significant). During the visit, take more photos and videos for your own records, as well as notes to support them.

3. Prioritise the safety of your tenants

At this point you’ll need to decide whether the damage is a safety risk. For example, a leaking pipe, broken window, or damaged electrical wiring is likely to need immediate attention. If there is a safety risk, you should arrange for an emergency contractor to come and fix the problem.

Can you use the tenancy deposit to pay for accidental damage?

For accidental damage discovered at the end of a tenancy, you may be able to deduct the cost of repairs from the tenant’s security deposit. 

If you go down this route, you’ll need solid evidence as well as detailed inventory check-in and check-out reports. The inventory shows the property’s condition at the start and end of the tenancy, allowing you to prove that damage was caused by tenants.

If you want to make a deposit deduction for accidental damage, you’ll need to let your tenant know and inform the relevant deposit protection scheme. 

Make sure you’ve compiled:

• a clear breakdown of the costs
• copies of receipts or quotes for the repair work.
• evidence from the inventory showing the damage has taken place during the tenancy

Remember, you can only charge for the cost of repair or a like-for-like replacement. For example, if an oven needs replacing due to accidental damage, you can’t charge for a brand-new, higher-spec version if the original oven was old.

Accidental damage insurance – how to make a claim

Your landlord insurance policy might cover accidental damage. It’s worth checking your policy documents so see if it’s included. Accidental damage is often an optional add-on to a standard landlord insurance policy.

When to claim for accidental damage

Before making a damage claim, consider the policy excess. This is the amount you have to pay towards the claim. If the repair cost is similar or less to your excess, it might not be worth claiming, as it could increase your future premiums.

Accidental damage – key takeaways for landlords

• accidents are likely to happen when you rent out a property, so make sure you have a plan in place
• make sure your tenancy agreement is clear about the definitions and responsibilities for accidental damage
• communication is key – keep your tenants up to date and be transparent about costs
• landlord insurance is crucial – you may be able to claim for the cost of repairs for accidental damage if you have accidental damage cover as part of your landlord insurance

Accidental damage FAQs

Who pays for accidental damage to a rental property?

Tenants are usually responsible for covering the cost of accidental damage in a rental property. On the other hand, landlords are responsible for standard maintenance of the property’s structure and exterior as well as ‘fair wear and tear’.

What qualifies as accidental damage?

Accidental damage is unexpected and unintentional damage to a rental property. This could include spilling a drink and staining a carpet or dropping an object and cracking a sink. 

Accidental damage is different to malicious damage (which is intentional) and wear and tear (which is when the condition of a property deteriorates over time.

What happens if a tenant causes accidental damage to a property?

When accidental damage occurs, the tenant should report the incident to their landlord as soon as possible. The landlord will then assess the damage and arrange for it to be repaired. The landlord and tenant will then need to agree on how the cost of the repairs will be covered (it’s usually the tenant’s liability).

Can landlords evict tenants for accidental damage?

A landlord could pursue an eviction for accidental damage through Section 21 (until May 2026) or Section 8. However, it’s unlikely a judge would agree to evict a tenant for a genuine accident. 

Eviction is a more common response for deliberate damage to property.

More useful guides for landlords

• A guide to rental guarantors – can they help protect your property?
• Landlord checklist – what to do before renting out a property
• What is building regulations indemnity insurance? A landlord’s guide
• Letting agent fees for landlords – a simple guide