Gardens, pets, smoking, damp and pests

Is pet damage ever fair wear and tear?

The short answer

No. Damage a pet causes, such as scratched woodwork, chewed fittings or urine in a carpet, isn’t fair wear and tear and can be claimed. But an agreed pet raises the general wear an adjudicator expects, and any claim is still reduced for the item’s age.

Key points

  • In a mydeposits case with two cats, the adjudicator put it plainly: pet damage is damage, not fair wear and tear. £460 of the £550 disputed went to the landlord.
  • Where a landlord allows a pet, mydeposits expects more wear than there would otherwise be. Only what goes beyond that can be claimed.
  • Since 1 May 2026, tenants in England can ask to keep a pet. A landlord must reply in writing within 28 days and can’t unreasonably refuse.
  • GOV.UK says you can keep money from the deposit for pet damage, but you must not claim the same damage from insurance as well.
  • In England, there’s no extra deposit for a pet above the cap: five weeks’ rent, or six where annual rent is £50,000 or more.

Is pet damage ever fair wear and tear?

No. Damage beyond normal wear that a pet causes is the tenant’s responsibility (mydeposits). A tenant is responsible for any damage caused by a pet during the tenancy (mydeposits).

In one mydeposits case, a tenant kept two cats, which the landlord knew about from the start (mydeposits). The adjudicator’s summary was short: “Pet damage is damage and NOT fair wear and tear.” Of the £550 disputed, £460 went to the landlord.

But there are two questions here, not one. Damage a pet causes isn’t wear. A pet living in a home normally does add to the wear, though, and that part isn’t chargeable.

Does an agreed pet change what counts as wear?

Yes. If you permitted a pet, it’s likely to cause more wear than might otherwise be expected (mydeposits). If the pet then causes damage, your tenant can be expected to pay towards putting it right.

The other schemes take the same view of who lives in a home. At TDS, a let of several years to a family with young children and pets calls for a greater allowance. A six-month let to one person working full time calls for less (TDS). mydeposits gives a family with three young children and a dog as an example of a household likely to cause more wear (mydeposits).

So the line falls in the same place as for any wear. General wear from a pet living normally in a home is fair wear and tear. Scratches, chewing, stains and smells that wouldn’t be there without the pet are damage.

Keeping a pet without permission may breach the tenancy agreement (GOV.UK). A tenant should always have written permission to keep a pet in a rented home (mydeposits).

What pet damage can a landlord claim for?

The schemes’ cases show the usual kinds:

  • scratched or chewed woodwork, such as doors, skirting and stairs
  • urine in carpets, including the underlay and floorboards beneath
  • smells that remain after the home has been cleaned

In the two-cat case, the stair woodwork was damaged. The estimate was £550, but the landlord asked only for the £190 share covering the area the tenant was responsible for. That was awarded in full (mydeposits).

In another case, a cat-urine smell came back after a professional carpet clean (mydeposits). A contractor’s report, with photos taken under UV light, showed the urine had reached the floorboards. The adjudicator found every step the landlord took was reasonable, and awarded the full £540 disputed.

Smells need a written record. At TDS, photos can’t show odours, such as those from pets or smoking (TDS). Its sample end-of-tenancy notes ask tenants to remove pet smells before check-out, so the check-out report should say whether any remain.

Is pet damage still reduced for the item’s age?

Yes. The deposit doesn’t pay new for old, whoever or whatever caused the damage (TDS). The claim is the life the item had left, or the repair if that costs less.

In the two-cat case, frayed curtains drew £270 of a £360 invoice (mydeposits). They were in “good used” condition at check-in, and two years of normal use was the landlord’s to bear.

In a dog case, the carpet was stained and smelled of urine after cleaning (mydeposits). The landlord claimed £85 for cleaning and £340 for a new carpet. The adjudicator awarded £290, allowing for reasonable wear on a carpet that wasn’t new at the start.

Each was one decision on its own evidence, not a rule. Together they show the pattern. The pet damage is chargeable, and the amount reflects the item’s age and condition at check-in.

What changed for pets on 1 May 2026?

In England, private tenants on assured tenancies can now ask to keep a pet (Housing Act 1988, section 16A). The request must be in writing. You must give or refuse consent in writing within 28 days, and you can’t unreasonably refuse.

Refusing is usually unreasonable if it’s only because of general concerns about future damage, or because past tenants’ pets caused problems (GOV.UK). Reasons that may be fair include another tenant’s allergy, a home too small for the animal, or a head lease that forbids pets.

The deposit still covers pet damage. You can keep money from it to cover repairs caused by pet damage (GOV.UK). You must not claim the same damage from insurance and the deposit, which may be fraud.

Wales has its own tenancy law. Most tenancies there are occupation contracts under the Renting Homes (Wales) Act 2016, while section 16A applies to assured tenancies.

Can I take a bigger deposit because of a pet?

Not above the cap, in England. Any money held as security for the tenant’s obligations counts as the tenancy deposit, and anything over five weeks’ rent is a prohibited payment. The cap is six weeks’ rent where the annual rent is £50,000 or more (Tenant Fees Act 2019, Schedule 1). So there’s no separate pet deposit on top, as mydeposits also says (mydeposits).

You also can’t require your tenant to take out pet insurance. Section 1 of the Tenant Fees Act 2019 stops a landlord requiring a tenant to enter into a contract of insurance with a third party (section 1). Whether a pet means higher rent is covered in can I charge pet rent instead of a pet deposit?

Where next?

For the general test, see what is fair wear and tear? Cleaning up after a pet, such as hair and smells, is a cleaning claim, covered in does fair wear and tear apply to cleaning? The post on charging for a damaged carpet covers carpet evidence, and the deposit deduction calculator reduces a cost for age. When you build a deposit dispute pack, each pet deduction is set against the check-in and check-out reports.

Common questions

Can I charge for pet damage if I didn’t allow the pet?

Yes, for damage the pet caused, with the same evidence as any damage claim. Keeping a pet without permission may also breach the tenancy agreement. The claim is still reduced for the age and condition of what was damaged.

What if the pet only stayed for a short time?

The damage can still be claimed. In one mydeposits case, a tenant said they had only been dog-sitting for about two weeks. The check-out and a contractor’s report showed dog urine in the carpet, and the adjudicator held the tenant responsible, allowing for the carpet’s age.

Does the Renters’ Rights Act change how pet damage is judged?

It changed whether a tenant can have a pet, not what the deposit can be used for. From 1 May 2026, tenants in England can ask to keep a pet, and you can’t unreasonably refuse. GOV.UK’s guidance on pet requests says you can still keep money from the deposit for pet damage.

What evidence helps with a pet damage claim?

The check-in and check-out reports describing each affected item, dated photos, and a written note of any smell, since photos can’t show it. A specialist’s report helps where the damage is hidden, such as urine in floorboards. Add the invoice or quote for each repair.

Can I claim from my insurance and the deposit for the same pet damage?

No. GOV.UK says you must not claim the same damage twice, through insurance and the deposit, and that you may be committing fraud if you do. At TDS, after a successful insurance claim, it’s generally reasonable to claim the excess you paid from the deposit.

Sources

The facts on this page come from these official sources, checked on 19 October 2026.

  1. TDS: Inventories, check-in and check-out reportscustodial.tenancydepositscheme.com
  2. TDS: How TDS approaches damage and missing itemscustodial.tenancydepositscheme.com
  3. mydeposits: Fair wear and tear, what is it and how is it applied?mydeposits.co.uk
  4. mydeposits: A guide on the life expectancy of rental property productsmydeposits.co.uk
  5. mydeposits: Case study, pets and fair wear and tearmydeposits.co.uk
  6. mydeposits: Case study, pet damage and odourmydeposits.co.uk
  7. mydeposits: Case study, pets, replacement carpet and cleaningmydeposits.co.uk
  8. mydeposits: Pet rent and pet depositsmydeposits.co.uk
  9. GOV.UK: Assured periodic tenancies, a guide for landlords: if a tenant wants a petgov.uk
  10. Housing Act 1988, section 16Alegislation.gov.uk
  11. Tenant Fees Act 2019, section 1legislation.gov.uk
  12. Tenant Fees Act 2019, Schedule 1legislation.gov.uk

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