Fair wear and tear explained

Here's our guide to an important topic for landlords: understanding the difference between fair wear and tear and damage. This distinction is crucial for managing your property and resolving any disputes that might arise at the end of a tenancy. Let’s break down what you need to know.

Step 1: What is fair wear and tear?
Fair wear and tear refers to the natural and gradual deterioration of a property and its fixtures due to normal use over time. This could include things like faded paint, minor scuffs on walls, or worn carpets in high-traffic areas. These are all considered normal, unavoidable outcomes of living in a space.

Step 2: What constitutes damage?
Damage, on the other hand, is when specific incidents or actions cause damage beyond what is considered normal use. Examples of damage include burns or cuts on kitchen countertops, holes in walls from nails or hooks, or stains on carpets from spills or pets. Unlike fair wear and tear, damage is usually the result of negligence or accidents and may require compensation from the tenant..

Step 3: Examples of fair wear and tear vs. damage
To give you a clearer picture, here are some examples:

• Faded curtains or blinds fall under wear and tear, whilst torn curtains are considered damage
• Traffic wear on carpets falls under wear and tear, whilst large stains or burns are considered damage
• Minor marks or scuffs on walls are also considered fair wear and tear, whilst holes in walls or damage from picture hooks are damage

Step 5: Depreciation and compensation
When assessing potential compensation for damage, it’s essential to consider the age of the property and its fixtures. Over time, even well-maintained items will depreciate. When a dispute is escalated to the relevant tribunal, depreciation of the item will be taken into account when resolving disputes, ensuring that compensation claims are fair.

Understanding the difference between fair wear and tear and damage is key to effectively managing your rental property. By knowing what to expect, you can handle disputes fairly and ensure your property is well-maintained throughout each tenancy. We hope this guide helps you navigate these important distinctions.