what is fair wear and tear?

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What Is Fair Wear &Tear?

There is a significant difference between damage and fair wear & tear in regards to furniture and fittings in a property if youre a tenant or a landlord, you need to be aware of the difference.

Defined by the House of Lords, wear & tear refers to the reasonable use of the premises by the tenant and the ordinary operation of natural forces. Tenants cannot be held responsible for wear & tear, there is a large difference between this and being guilty of damage.

When an inventory is carried out as the tenant leaves the premises, the landlord should consider the following factors in order to make a fair judgement about whether the property has been damaged purposely or whether it is a subsequent of wear and tear.

These factors include

Quality There is a significant difference between the quality of furniture bought from a Primark store in comparison to a John Lewis store. Poor quality furniture is obviously more likely to become damaged than expensive, high-quality furniture therefore damage to cheap furniture cannot be blamed on the tenant.

Age Are your furniture or fittings getting old? The contents of your property is likely to be at more of a risk of wear and tear if it is 10 years old rather than 10 months old.

The number of tenants Being realistic, if youre rented home has 8 tenants, the higher the chance of wear and tear than if youre property had 2 tenants.

The length of the tenancy More natural wear and tear is obviously going to occur if your property is rented long-term rather than short-term.

The condition before the tenants moved in You should consider the condition of furniture and fittings prior to the tenant/s living in the property as you may find that certain contents in the property already had wear and tear. On the other hand, you may find that the item which was brand new, now has a large amount of damage meaning it is unlikely that this was a result of natural force.

Another factor you may want to consider is the situation of your tenants; are they students? do they have pets? are there children in the property? etc. For instance, if a landlord is happy to let their tenant have a dog, than they shouldnt be surprised if there is more wear and tear than usual.

So, to put it simply, if wear and tear to a properties contents is considered fair and not the tenants fault; a landlord should not charge them for the damage.

On the other hand, there could be circumstances where a tenant is charged by the landlord if the wear and tear is excessive. This could range from torn wallpaper to graffiti on the walls or numerous nail/pin holes to scuffed carpets. A tenant should be prepared to compensate the landlord for excessive wear and tear and accept the charges.

We have listed a few examples to help you understand the difference between wear and tear and actual damage:

Dirty window > Broken window

Stained ceiling due to rain > Stained ceiling due to overflowing bath

Loose wallpaper > Ripped or marked wallpaper

Loose door lock > Missing door lock

Faded curtains > Torn curtains

Faded lamp shade > Missing lamp shade

Worn kitchen surfaces > Cracked kitchen surfaces

Faded carpet > Burnt carpet

We hope you found this blog helpful.

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what is fair wear and tear?

Real Estate