What Constitutes Reasonable Wear and Tear? A Landlords Guide
There are no hard and fast rules as to what constitutes reasonable wear and tear, which
is why it can be such a contentious area for landlords and their tenants. Unlike commercial
property leases, which require the tenants to leave the property in the same condition as
they found it, residential landlords must allow for a certain amount of wear and tear.
The House of Lords defines fair wear and tear as: The reasonable use of the premises by
the tenant and the ordinary operation of natural forces. Now thats not exactly precise,
and provides precious little guidance to landlords who are unsure whether the new stain
on their lounge carpet is simply wear and tear, or damage the tenant should legally foot
the bill for.
In this landlords guide to reasonable wear and tear, we aim to provide you with some
context to help you determine whats fair and whats not in different types of tenancy.
**Tenancy length**
The longer the tenancy, the more reasonable wear and tear you should allow. Thats
common sense, but you should consider how much wear and tear shows in the property
after one, two, three or more years. After a longer term tenancy, its clear whether a
tenant has made an effort to look after the property. If they have, dont repay them by
charging them for unavoidable carpet wear.
**Number and age of the occupiers**
If youre renting a property to 5 or 6 student tenants, you should expect some wear in the
communal areas thanks to heavy footfall and usage. The same can be said for families with
young children. Scuffs and scrapes are an unavoidable part of family life, so you should
naturally expect to see more ware than a property rented by a singleton or a professional
couple. Keep this in mind when conducting your end of tenancy checks.
**What constitutes actual damage?**
When does normal wear and tear become avoidable damage? If a fixture or fitting is in
good condition at the start of the tenancy, but requires repair or replacement at the end,
the chances are that real and avoidable damage has been done. For example, light marks
on the carpet might have to overlooked, but fist marks in the plaster or nail varnish spills
on the floor are likely to be the resultant of negligence and the tenant should be held
responsible for the repair.
**Quality of the accommodation**
When determining the extent of damage and wear it is important to look at the general
condition of the property itself. If the property is an immaculate new build, the threshold
for reasonable wear and tear will be less than a property which has already been let a
number of times without any repairs. However, new builds also tend to be less robust than
older properties, with thinner walls and partitions, and they can generally handle less
stress.
**Take photos before and after the let**
Photographs and inventories taken before and after the tenancy are an effective method
of recording the condition of the property and provide a useful tool for comparison. Make
sure all the documentary and photograph evidence of the propertys condition is clearly
dated and signed by both parties. This can help with any disputes resulting from a repair
claim.
Also, if you are preparing the inventory yourself, provide the tenant with a copy and
discuss any deductions you intend to take from the deposit.
**The adjudication process**
Disputes are inevitable when deducting sums from your tenants deposits. The
adjudication process is an evidence based system that relies on documentary and
photographic evidence to make a decision about reasonable wear and tear. The more
evidence you produce and the more effort you make to communicate the reasons for
deductions to your tenants, the better your chances of receiving a favourable decision.
The adjudicators decision can only be challenged in a court of law.
If youd rather not deal with the problematic matter of reasonable wear and tear, leave it
to us. At Martin & Co. Camberley, we take a thorough property inventory and use
photographic evidence to reduce the potential for tenant disputes. For more information,
please get in touch with our experienced team.
t: 01276 691510
e: giles.mugford@martinco.com
w: www.martinco.com/lettingsagents/camberley