What is Fair Wear and Tear? And When Does It Become Tenant Damage?

What is fair wear and tear? 

Here, we’re offering some sage advice on an often-knotty problem. The Clarity team knows that for landlords, the loops that tie up wear and tear, either during or at the end of a tenancy can be a headache.

By and large, this is a “if I had a pound for every time this came up in conversation”-type of discussion; as in: this is something we hear about often. You may have encountered the wear and tear problem yourself, and as a responsible landlord, sought to do the right thing. But what IS the right thing, given that the rules and regulations appear somewhat fluid?

As much as we can, I’m going to unpin jelly from the wall and outline as clearly as possible what is wear and tear versus tenant damage. As ever, this is a tricky subject, with many caveats and “what ifs” so as ever the advice is: get in touch with us if you need some guidance.

Important

As the landlord, YOU are responsible for the maintenance of your property. While your tenants will have their own obligations and will have agreed to these in their tenancy agreement, they are not responsible for wear and tear. That’s down to your good self.

Nil Desperandum. Let’s clear away some confusion.

What is fair wear and tear?

Here, it’s fair to say that if we could, we’d cut to the chase one hundred percent. But we can’t exactly. And, here’s why.

The House of Lords, no less, defines reasonable wear and tear thus:

“reasonable use of the premises by the tenant and the ordinary operation of natural forces”.

As you can see, the first part of that sentence starts well, and then starts to go rather downhill, with talk of “natural forces”, and the like. Puts us in mind of Star Wars.

We digress.

However, what this pronouncement does express is that acceptable wear and tear refers to gradual damage over some time – and is something you could expect to see in a property over a number of months or years.

In other words, it is an unavoidable process. Examples could include a worn kitchen countertop or a carpet that becomes frayed over time. Also, scratches and wear to the flooring. In effect, it’s deterioration that is NOT the fault of the tenant, and that would have happened anyway.

Other instances could include:

• Faded or cracked paint
• Warping of windows and doors
• Loose or worn door hinges
• Loose or dripping taps
• Clogged guttering
• Minor scuff marks on the walls

In contrast, what may NOT be reasonable are things like:

• Scorch marks on the kitchen countertop
• Torn or missing curtains
• Rips and tears to a carpet
• Smoke marks from burning candles, or burn marks from cigarettes
• Large holes or dents in the walls

To put it differently, this would be damage caused by a lack of care, or neglect. Mould can be a moot point – mostly it will the responsibility of the tenant to keep a bathroom or any other area well-ventilated and clean. And, to keep on top of mould, which can easily happen in basement flats, for example.

But, if there is dampness in the walls, this will be down to you.

The Cleaning Issue

The fair wear and tear debate doesn’t apply to how clean (or otherwise) the item or the property is. You should expect your property to be as fresh and ship-shape on the day your tenants leave, as when they arrived – whether it was seven months ago or seven years ago.

If not, there can, and most likely will be deductions to their deposit.

What To Consider When Calculating Wear and Tear

As you know, not all tenancies are created equal. Bear the following in mind:

 The length of the tenancy. An obvious one, perhaps. The longer the tenancy, the more natural wear and tear you will see when they leave.

The quality of the fixtures and fittings in your property. How can we put this delicately? OK, we can’t: inferior quality chairs, beds, carpets, and so on will most likely not go the distance – and could break, or degrade quickly.

(Incidentally, demonstrating the “quality” of an item will need an invoice or a receipt, and should be made clear in the inventory report, of which more below.)

The number and type of tenants. It makes sense that HMOs rented to students can expect a higher degree of wear and tear than a property occupied by a professional couple – not least in high-traffic areas such as the kitchen. This is where hard-wearing furniture, flooring and carpets come into their own. 

Whether there are pets in the property. Our furry friends can, and do cause damage. Have a look at one of our blogs from last year about pets.

What Can You Do About Wear and Tear?

The burden of proof will lie with you, the landlord.

Some key things can help you manage the wear and tear issue:

1. A detailed check-in and inventory report. Start well, end well. We’ve already discussed the importance of an inventory, and we can’t overstate how essential this really is. Do make sure that you have digitally-dated photographic evidence to support the inventory report both at the beginning and the end of the tenancy. Even videos if you feel that this could be a problem.

2. Keep written records, for example receipts, invoices and emails.

3. Look after your property. Don’t neglect that painting job, or replace worn and faded interiors. Your tenants will notice these gestures and will appreciate them. Everyone likes to live somewhere nice.

4. Perform mid-tenancy checks. Or rather, ask your letting agency to do this on your behalf. Here at Clarity, we do this all the time, and our powers of observation can be put to clever use on your behalf. We know what to look for, and how to troubleshoot if we find anything.

5. Communication is everything. Let your tenants know what you expect of them, and offer explicit guidance (again via your agency) regarding how best to look after the property.

Ultimately, as with almost everything in life, wear and tear is about managing your tenants’ expectations. Although the legislation around this area can be subject to a degree of interpretation, wear and tear is almost inevitable. In our view, and experience, with good-quality evidence you’re more likely to avoid a formal dispute.

Don’t wonder about wear and tear, or be in a dilemma over damage. Get in touch with us if you have any questions or queries.