What is fair wear and tear for your rental property?

Nicky Lloyd, Head of ESPC Lettings, looks at the difference between normal wear and tear in rental properties and damage that’s caused by tenants.

A certain amount of wear and tear is unavoidable in rental properties. Over time as tenants live in homes, some damage will occur. This isn’t a result of abuse or neglect by your tenants, meaning they can’t be held responsible for it. However, sometimes tenants do cause an unacceptable level of damage to furniture, fixtures and fittings which they’re liable for under the tenancy agreement.

So, what exactly is the definition of fair wear and tear, and when do landlords have a right to act to claim the cost of repairing or replacing their possessions?

Normal wear and tear

Normal wear and tear refer to gradual damage that you would expect to see in a property over time. For example, worn carpets, faded curtains and minor scuffs and scrapes on the walls are all things that difficult to avoid over a period of months and years.

It’s not reasonable as a landlord to expect your tenants to have to cover the cost of repairs or replacements in these cases.

Damage caused by a tenant

Damage caused by a tenant is something different. Instead, it is harm that’s committed on purpose, by accident or through neglect. Examples of tenant damage can include anything from a broken toilet seat to a smashed mirror, missing door handles, holes or dents in walls.

Wear and tear versus damage caused by tenants

What’s deemed as ‘wear and tear’ versus ‘damage caused by the tenant’ can be a very subjective issue, so it’s important to use some common sense and stick to the facts. Having a detailed and accurate inventory in place can be a big help when it comes to avoiding disputes over damage between tenants and landlords.

An inventory should include details of all the furniture, fixtures and fittings in your property, along with their condition. It should also contain information concerning the condition of the paintwork, walls and flooring.

As long as damage caused by the tenant is due to abuse or neglect rather than simple wear and tear, and providing you have all the necessary evidence that the damage occurred during their tenancy, i.e. dated pictures of the condition of the property when the tenants moved in, you should be able to successfully claim the amount from the tenant’s deposit.

ESPC Lettings

If you would like to speak to a member of the ESPC Lettings team about your property or the rental market in general, please get in touch.