Renting a property comes with its own set of rules and regulations, and one of the most important ones is the distinction between fair wear and tear and damage. These two terms are often used interchangeably, but they actually have very different meanings.
Fair wear and tear refers to the normal and expected wear and tear that occurs over time with regular use of the property. This can include things like fading or peeling paint, worn carpet or flooring, and small nail holes in walls from hanging pictures. In general, fair wear and tear is considered to be the responsibility of the landlord, and they cannot expect tenants to pay for it.
Damage, on the other hand, is any harm caused to the property that goes beyond normal wear and tear. This can include things like broken windows, large holes in walls, or stains on the carpet that cannot be removed. In these cases, the landlord is entitled to repair the damage and can charge the tenant for the costs of repair or deduct it from the tenant’s security deposit.
It is important for both landlords and tenants to understand the difference between fair wear and tear and damage to avoid disputes and ensure a smooth tenancy. Landlords should conduct thorough move-in and move-out inspections with the tenants to document any existing damage to the property and to determine what damage, if any, has been caused during the tenancy. This will help to avoid any misunderstandings when it comes to the return of the tenant’s security deposit.
Tenants should also be aware of their responsibilities when it comes to maintaining the property. While they cannot be expected to pay for normal wear and tear, they should take reasonable care of the property and report any damage or maintenance issues to the landlord promptly. Failure to report issues that lead to further damage can result in the tenant being held responsible for the costs of repair.
In some cases, disputes may still arise between landlords and tenants over the definition of fair wear and tear versus damage. In these cases, it may be necessary to seek the advice of a mediator or legal professional to help resolve the issue.
There are several factors that can influence the determination of fair wear and tear versus damage. These can include the length of the tenancy, the age and condition of the property at the start of the tenancy, and the level of care taken by the tenant in maintaining the property. In general, fair wear and tear is considered to be the normal and expected result of using a property over time, while damage is any harm caused that goes beyond this normal wear and tear.
Overall, understanding the difference between fair wear and tear and damage is crucial for both landlords and tenants to ensure a smooth and successful tenancy. By conducting thorough inspections, documenting any damage, and taking reasonable care of the property, both parties can help to ensure that the rental experience is a positive one for everyone involved.
FAIR WEAR AND TEAR GUIDE
There is often confusion over what is fair wear and tear vs damage, here are some examples below that help to explain:
Fair wear and tear (not tenants responsibility) | Damages (tenants responsibility) |
Faded curtains or frayed cords | Curtains missing or torn by the tenant’s cat |
Furniture indentations and traffic marks on the carpet | Stains or burn marks on the carpet |
Furniture indentations and traffic marks on the carpet | Badly scratched or gouged wooden floors |
Faded, chipped or cracked paint | Unapproved paint job |
Worn kitchen benchtop | Burns or cuts in bench top |
Loose hinges or handles on doors or windows and worn sliding tracks | Broken glass from one of your children hitting a ball through the window |
Cracks in the walls from movement | Holes in walls left by tenant removing picture hooks or shelves they had installed |
Water stain on carpet from rain through leaking roof or bad plumbing | Water stain on carpet caused by overflowing bath or indoor pot plants |
IF you’re unsure about a particular issue in the property, just ask us – we’re here to help.