What is Fair Wear and Tear?

Fair wear and tear is when items or areas of a property deteriorate over time due to daily usage. This will occur even when tenants try to keep the property in good condition.

Examples of Fair Wear and Tear:

• Faded paint or wallpaper
• Scuff marks on the floors from regular use

What is Not Considered Fair Wear and Tear?

• Damage to the flooring/ holes in the wall that happened over a short period and damage that has been done deliberately
• Damage caused by neglectful behavior, such as water damage from overflowing bathtubs or sinks

How to avoid disputes over Fair Wear and Tear?

It is important to have a comprehensive inventory in place to avoid potential disputes related to wear and tear between property owners and tenants. The inventory should include images of the property at the beginning and end of the tenancy which can then be used to compare and see whether any changes or damage has occurred.

To resolve potential disputes, you can try mediation, arbitration or court proceedings.

Mediation

A mediator acts as a neutral third party to help resolve the dispute. Both parties can agree to mediation at any point before or during court proceedings.

Arbitration

An arbitrator listens to evidence presented by both sides and makes a binding decision that both parties agree to abide by.

Court Proceedings

If the dispute cannot be resolved through mediation or arbitration, it can be escalated to the court but this is usually last resort.

The information in this post is valid to the best of our knowledge on the date of posting. It is advised that you seek independent advice based on your individual circumstances. 

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