What Constitutes Normal Wear And Tear?

What exactly is normal wear and tear? It’s difficult to define, but these general guidelines will help you determine whether damages to your property are the result of everyday use.

Fair-wear-and-tear vs damages

Current ambiguity and a lack of industry standard have proven unhelpful.  So what are your guiding principles to determine fair wear and tear?

Considerations:

Length of tenancy – the longer the tenancy, the more wear expected.

Occupants, whom and how many – a family is likely to have heavier wear on a property than a professional couple

Quality of fittings – poor quality work will wear faster

Ingoing condition – if you hand over the property is rough condition and the tenants make it worse, they are only expected to bring it –at best- back into the same state as the previous rough condition. Depreciation will be required.

Reductions to damage – what steps have tenants and or landlords taken to lessen the likelihood of further damage/wear.

Fair wear and tear is the gradual deterioration of aspects of a property which has resulted naturally or from age. Each specific issue will require it’s own investigation.

NOTE: This is in no way meant to be taken as law. Fair wear and tear will always be subjective and conditional to the above considerations.

Carpets: Tears, burns and spills should be classed as damage. Worn fibres, would be wear and tear.

Paintwork: scuffs, scratches and chips are to be expected from natural ageing and movement of the property. Extensive scuffs or chips from carelessly moving furniture could be considered damage.

To succeed in a defence of fair wear and tear, a tenant would need to show that the damage at issue was not intentional or careless; and that it occurred as a normal incident of the tenant’s occupation of the premises.

As always – property management is all about relationships. Regular inspections will go a long way to nipping any heavy wear and tear behaviour in the bud. As a landlord it is your responsibility to educate the tenant of any issues or behaviours you see that will cause undue damage – and keep a record that you did so.

Disclaimer: The information contained in this publication is exclusively for promotional purposes and is not to be relied upon for legal or contractual dealings. Tenant Source recommends you seek independent legal advice, and that you may need to seek technical or other advice and information prior to making any actions in regards to tenancies in your investment properties. Tenant Source Ltd including its staff and directors accepts no responsibility for any issues arising as a result of taking advice from this publication.