A Landlord’s Guide to Fair Wear and Tear
What does ‘fair wear and tear’ mean – and whose responsibility is it?
‘Fair wear and tear’ – it’s a term that gets thrown around a lot when it comes to rental properties. But when you get down to the details, how does it help you assess the condition of your property? And who’s responsible for fixing it? Let’s break down what it really means, and when it applies, step by step.
What is fair wear and tear?
Fair wear and tear is basically deterioration – it happens over time as a part of a tenant’s reasonable use of a rental home. So, if you use something every day, its condition will probably get worse over time – that's the wear and tear. UK laws mean landlords can’t charge tenants for anything that falls into this category.
What it doesn’t refer to is damage or breakages caused by misusing the property or the things inside. The tenant would be responsible for those fixes.
Let’s use an example. A carpet that has worn down as it’s walked on every day? That would be fair. But a carpet with huge stains, rips, or burns? That seems more like it was caused by being reckless or negligent, so it would be damage.
What counts as fair wear and tear in a rental property?
It’s essentially anything that would reasonably happen if you’re living in a home and using it as you should. Everything has a typical lifespan – sometimes things just wear out or break. It happens. It’s referring to things that didn’t happen due to a specific incident or misuse. So, what are some examples of fair wear and tear? Here’s a few:
Wallpaper or paint that’s faded over time
Impressions or dents in the carpet from furniture
Areas of worn-down carpet in high-traffic areas
Small scuffs on the walls and flooring
Appliances that have stopped working due to age
Scratches on door handles, worktops, and other surfaces that get used often
An item that wasn’t new at the start of the tenancy which has worn out even more over time
You get the idea. It's damage that happens gradually, rather than in one short instance.
How do you assess fair wear and tear?
When you’re working out whether something has deteriorated an acceptable amount, there are a few points to consider:
The age and average lifespan of the item
The quality and cost, and how long you’d expect it to last with regular use
The condition of the item or property when the tenancy started
How much someone would probably use it
How many people live in the property, and how long they’ve been there
Keeping these points in mind can help you figure out if any damage is normal, or whether it could’ve been prevented.
When is it not ‘fair wear and tear’ but damage?
Let’s talk damage. This is anything that falls into the category of being caused by recklessness, carelessness, using something incorrectly, or neglecting the property. Yikes! So, things like:
Broken windows
Torn curtains or furniture
Larger dents or holes in the walls
Badly done paintwork (if it was painted by the tenant)
Stains in the carpet or on the walls that don’t come out when you clean them
Broken or damaged appliances (that aren’t just plain worn out!)
Mould or water damage that could’ve reasonably been prevented
Missing items that were there at the start of the tenancy – and accounted for in the inventory
You know – anything caused by unreasonable use, or even by accident. But things you wouldn’t expect to happen through normal, everyday use.
Can you deduct damage from a deposit?
Yes – landlords are allowed to deduct a reasonable amount from a tenant's deposit for damage. Any deductions you make have to relate to money lost due to the tenant’s actions, though. The terms are usually laid out in the tenancy agreement – it's good practice.
It’s not uncommon for landlords and tenants to disagree on what counts as fair wear and tear. It’s arguably one of the pitfalls of renting. But with a thorough check-in report, you can avoid a lengthy back and forth – as you’ll have details on everything from move-in day. And remember, the burden of proof lies with the landlord – so properly documenting the condition of the property can be the key to avoiding unnecessary disputes.
Do I need to fix wear and tear before a new tenant moves in?
So, your previous tenant has moved out and left a few scuffs and scrapes. What needs to be done before a new tenant moves in? You don’t necessarily need to refresh every surface and repaint every wall. You do need to document existing damage, though.
That’s where a comprehensive inventory comes in. Taking an inventory at the start of a new tenancy means both you and the tenant have a mutual understanding of the condition of everything in the home. This means when it’s time for them to move out, you can easily decipher what counts as damage, and what’s just good old wear and tear. That means no unfair deductions for the tenant, and no unnecessary and costly fixes for the landlord.
Phew. Ready for a simpler way to rent your property?
If sifting through a check-out report and playing spot-the-difference isn’t your speed – we offer landlord services to suit you. And, if you do like to be hands-on, we can still help take some of the pressure off, by collecting rent, sending annual safety reminders, or even just finding you a tenant. Whether you’d like us to fully manage your property, or prefer a lighter touch, discover our landlord packages and see how we can make your life as a landlord easier.