What is Fair Wear & Tear in a Rental Property?

WHAT IS
FAIR WEAR AND TEAR IN A RENTAL PROPERTY?

The Tenancy Deposit Scheme shares its
definition of fair wear and tear, with guidance on how letting agents can
handle where it exceeds reasonable use.

TENANCY DEPOSIT SCHEME

If you’re a Landlord, you’re
likely familiar with the term “fair wear and tear.” However,
understanding what it actually means, as well as when it’s not applicable, can
be challenging. Here’s our definition of fair wear and tear at the Tenancy Deposit
Scheme, with some guidance on how to handle situations when they
exceed reasonable use.

What is fair wear and tear?

Fair wear
and tear refers to the reasonable deterioration that occurs in a rental
property over time, as a result of normal, everyday use during the period of a
tenancy. It’s separate from damage caused by misuse, negligence, or intentional
actions of a tenant, which the tenant should be responsible for.

What are some examples of fair wear and tear?

Examples of
fair wear and tear can include:

• faded paint or wallpaper
• small scuffs on walls or floors
• worn carpets or curtains

Essentially,
any damage that occurs as a result of ordinary use and can’t be attributed to a
specific incident or misuse by the tenant can be considered fair wear and tear.

However,
it’s important to note that fair wear and tear is not always clear-cut. It can
depend on factors such as the length of the tenancy, the type of property, and
the quality of materials used.

For
example, a carpet that is five years old and has been used by multiple tenants
will likely show more signs of wear and tear than a carpet in a single-person
tenancy. Additionally, if certain items were worn at the start of the tenancy
but are now considered damaged, this may also be considered fair wear and tear.

When does fair wear and tear go beyond what is
considered acceptable?

When
evaluating a property at the end of tenancy, the key is to look for damage that’s
more than what can reasonably be attributed to normal use. Examples of such
damages may include:

• Carpet or wall stains that cannot be
  removed by cleaning
• Curtain or blind holes or tears
• Furniture or appliances that are broken
  or damaged
• Flooring with deep scratches or gouges
• Water damage or mould caused by the
  tenant’s negligence

If you
believe that the damage caused by the tenant goes beyond fair wear and tear,
you have the right to deduct the cost of repairs or replacement from the
deposit.

However,
it’s important to be reasonable and fair in your assessment and to provide the
tenant with an itemised list of deductions, and the opportunity to dispute any
charges. The Tenancy Deposit Scheme offers a useful deduction template, which Landlords can download for free.

Top tips from the Tenancy Deposit Scheme

To avoid
potential disputes at the end of tenancy:

1.   
Conduct a thorough check-in and
check-out inspection with the tenant, and document in detail any existing
damage or wear and tear.   An inventory and check-in can help establish a
baseline and make it easier to determine what constitutes fair wear and tear at
the end of the tenancy.

2.   
Remember, the burden of proof
lies with landlords, so ensure you keep written records of anything that may
help you in disputes, such as invoices, emails and receipts. You can download
the Tenancy Deposit Scheme’s guide to inventories, check-ins and check-outs,
here.

Fair wear
and tear is a natural part of renting out a property and should be expected. By
being fair and reasonable in your assessments, conducting thorough inspections,
and communicating clearly with your tenants, you can help ensure a smooth and
successful tenancy.

If you’d like further information or would like to discuss The KS Property Group acting as your rental agent, contact us today on 01634 386665 or info@thekspropertygroup.co.uk

Free valuations are available by clicking on our link FREE RENTAL & SALES VALUATION

This article was originally published at www.tenancydepositscheme.com