Understanding fair wear and tear
Discover why it's essential for landlords to assess property condition fairly at the end of a tenancy.
Way back in the 1950s a famous judge, Lord Denning, said that a tenant “must take proper care of the place…” which any reasonable tenant would do, and not cause damage wilfully or negligently. However, he also said, “If the house falls into disrepair through fair wear and tear or lapse of time, or for any reason not caused by him, the tenant is not liable to repair it.”
This became the industry approach and accepted principle for every tenancy, referred to in Court of Appeal cases and is specifically written into tenancy agreements as standard.
Understanding the concept of fair wear and tear is crucial for both landlords and tenants in the UK rental market. It plays a significant role in determining the condition in which a property should be returned at the end of a tenancy and influences decisions regarding deposit deductions.
When an item or area in the property deteriorates due to its age and normal use, this is reasonable wear and tear.
This includes minor issues such as faded paint, worn carpets, or loose door handles that occur over time.
So, you should only propose a deposit deduction or end of tenancy costs from the tenant when the deterioration was avoidable and due to the tenant’s actions or omissions. Not just by living in the property.
The simple fact is that everything will need to be replaced or renewed at some point in time. Check out our article, ‘A guide on the life expectancy of rental property products’ for more guidance on this.
The big question is, what part of any deterioration would have happened naturally anyway and is considered ‘reasonable’? Or is the damage over and above what is normal use, considering all the circumstances which makes it ‘unreasonable’?
Yes
Occasionally
Never
