All Posts

Fair Wear and Tear vs Damage: Understanding the Difference

Caroline Hamren · Sep 18, 2025 · 4 min read

At the end of almost every tenancy, the same question comes up: is this mark, scuff or worn patch just the result of normal living, or is it damage that should be put right? It is one of the most common sources of disagreement between landlords and tenants, and it is much easier to answer when there is a clear record of how the property looked at the start.

What the law says in general terms

Dubai's Law No. (26) of 2007, which regulates the relationship between landlords and tenants in the emirate, provides that at the end of the lease the tenant must hand the property back in the condition in which it was received, except for ordinary wear and tear or damage due to reasons beyond the tenant's control. It also allows the landlord to take a security deposit to ensure the maintenance of the property at the end of the lease, which must be refunded, or the remainder of it, when the lease ends. The law does not list every situation, so each case depends on its facts.

What usually counts as wear and tear

Wear and tear is the gradual deterioration that happens when a home is lived in normally and looked after reasonably. Common examples include:

• Light scuffing on walls in hallways or around furniture.
• Minor fading of paint, curtains or flooring caused by sunlight.
• Gentle flattening or wear of carpets in walkways.
• Small marks around light switches and door handles.
• Loosening of fittings through normal use.

What usually counts as damage

Damage goes beyond normal use. It is typically caused by an accident, misuse or neglect. Examples include:

• Holes in walls beyond those agreed for hanging pictures.
• Burns, deep scratches or large stains on worktops, floors or furniture.
• Broken fixtures, appliances or glass.
• Mould or water damage caused by not reporting a leak.
• Unapproved alterations, such as repainting in a different colour.

The grey areas

Many items fall somewhere in between. A carpet that was already several years old at check-in will naturally look more worn after another two years. A sofa in a busy family home will age differently from one in a rarely used holiday apartment. The age and quality of an item at the start, how long the tenancy lasted and how many people lived in the property all matter.

This is exactly why a detailed check-in report is so useful. If the report records a carpet as "worn in places, three to four years old", a similar condition at check-out is much more likely to be seen as wear and tear than if the carpet had been recorded as brand new.

How a good report helps

• It records the age and condition of key items at the start, with dated photographs.
• It uses clear, neutral descriptions rather than vague words like "fine" or "OK".
• It allows a like-for-like, room-by-room comparison at check-out.
• It gives both sides the same reference point, which keeps the conversation factual.

Tips for tenants and landlords

Tenants should report maintenance issues promptly and in writing, keep the property clean and ventilated, and read the check-in report carefully when they receive it. Landlords should provide a property in good condition at the start, respond to repair requests and keep expectations realistic about how homes age. Both sides benefit from discussing any concerns early rather than leaving them all until the final inspection.

A report is a reference record, not a guarantee of any particular outcome, but it turns a subjective argument into a comparison of facts.

Talk early, not just at the end

Many wear-and-tear disagreements could be avoided by a short conversation part-way through the tenancy. If a tenant notices something wearing quickly, such as a worktop seal or a sofa cushion, mentioning it early allows it to be repaired or noted while the cause is still clear.

If you would like an independent record of your property, Invecheck can help. Our experienced, independent inspectors offer flexible appointments, including weekends, an onsite consultation, and a clear, room-by-room digital report delivered within 3–5 business days. Book your check-in, check-out or handover online in a few minutes.

Book an inspection