One of the terms of a tenancy agreement mentions that at the end of the tenancy, renters should return the property to their landlords in the same condition that it was when they first moved in. There should be no property damage except for fair wear and tear, which is not penalised.
While there is no exact definition of reasonable wear and tear, over the years, the phrase has become synonymous with the deterioration of an object or property and its fixtures, furniture, fittings, and other content due to normal use and the passing of time.
In a rental property, reasonable wear and tear pertains to marks and scratches on the flooring, faded curtains, worn carpets, loose door handles, stained carpet, and minor scrapes and scuffs on the walls. Dirty windows are considered fair wear and tear, but broken windows are not and should be the tenant’s responsibility, as these are defined as property damage.
Additionally, if a tenant leaves the property with some areas being left in an unsanitary state, their landlord can hold back deposit money until these are cleaned. However, money can be held back only for an area or areas that must be cleaned and restored to their reasonable condition. Landlords must not retain deposit money to have the entire property cleaned. For example, if the tenant left the bathroom clean and tidy but the living room is covered in dust, cobwebs, and trash and the sofa is stained, the landlord can hold back the deposit for cleaning the living room, but not the bathroom or the rest of the home.
Although it is stated in the tenancy agreement that tenants must return the property to their landlords in the same condition that they got it in, this is not possible in some cases, particularly those with long-term tenancies. Living in a rented property for eight or 10 years will result in significant wear and tear, especially in terms of paintwork, walls, and carpets.
This is why landlords are encouraged to carry out regular check-ups or property inspections. There should also be an updated inventory of wear and tear in the rented home.
What to consider when assessing wear and tear
According to the Association of Residential Letting Agents or ARLA, there are several guidelines landlords can follow when assessing fair wear and tear. These are:
- The age, condition, and quality of objects or items at the start of the tenancy
- How often an item is to be used (a reasonable level)
- How long the tenants are renting the property
- The object or item’s expected average useful lifespan
- How many occupants and the type occupants in the rented property
Landlords are not allowed to use their tenant’s money to pay for the full cost of putting the property back into the condition that it was in when the tenancy commenced. They should not end up better materially or financially than they were at the start of the tenancy when the tenant moves out. This is considered betterment and is not legally allowed.
To avoid betterment, landlords should consider apportionment. They must first determine whether a deposit deduction is suitable for the fair wear and tear and if replacement or repair is necessary for resolving the problem. Once the remedy cost is determined, this should be properly divided or equally apportioned between/to the landlord and tenant. Instead, landlords can choose from several remedies:
- Cleaning or repair
- Damaged item replacement (such as a loose doorknob)
- Reduction in compensation based on the value of the damaged item or according to its shortened normal lifespan
Tenancy deposit disputes
To avoid tenancy deposit disputes resulting from fair wear and tear-related issues, landlords are expected to show tenants a breakdown of proposed costs, including the assessment criteria that was mentioned above. Regular property inspections or visits and detailed check-ins and check-outs and documentation (including receipts) will also significantly help.
Landlords and tenants are also encouraged to establish a relationship based on trust and respect right from the first moment that the tenant moves in.
Requirements for a dispute
If the situation can only be resolved through a dispute, landlords should prepare the following requirements
- Tenancy agreement
- Inventory
- A statement indicating your reasons for filing the claim
- Documentation such as dated photos (with a ruler showing scale) for proof of missing objects or damage
- Other supporting evidence like statements provided by qualified independent witnesses
- Receipts, pricing list, work estimates, and other evidence that show the amount that must be deducted from the tenancy deposit
However, if your landlord has violated terms of the tenancy agreement as well, they should expect you to file a compensation claim, too, such as what happens when your deposit is not protected.
Tenancy deposit protection
If your landlord has not protected your deposit even as your tenancy has ended, find a team of tenancy deposit protection claims experts, solicitors who can help you file a claim to get back the deposit refund your landlord owes you. Having your tenancy deposit protected can potentially save you from wear and tear claims filed by your landlord.
Choose a team of solicitors who offer a no-win-no-fee guarantee so you won’t have to worry about where to get extra cash. Your chosen legal team should also be authorised and regulated by The Solicitors Regulation Authority, such as the solicitors at Tenancy Deposit Claims.
