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Fair Wear and Tear
It could be argued that the term fair wear and tear is only
open to individual opinion of what actually is fair. However
through the legal process it is becoming more defined. A tenant
cannot be held responsible at the end of a tenancy for changes
in a property's condition by what the House of Lords has called "reasonable
use of the premises by the tenant and the ordinary operation
of natural forces (i.e. the passage of time)". It is the
common sense and experience gained as an inventory clerk which
are the two most important assets for successful " Fair
Wear and Tear " decision making.
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The terms of a tenancy agreement may over-rule any
recommendations made here. It is recognized that inventory clerks
are at liberty to make alternative recommendations because a
document such as this could not possibly consider every situation
for every property and its contents that may occur during a tenancy.
Professional inventory clerks will assess the many factors
present to reach a fair judgment. For example the following
should be taken into consideration:
- The quality of the supplied item
- The condition at check-in
- The condition at check-out
- Any extenuating circumstances
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First and foremost it should be stated that the
law does not allow for betterment, which means a landlord
cannot expect to have old replaced with new at the tenant's expense,
or indeed clean for that soiled at the start of the tenancy.
The tenant has a duty of care to return the property at the end of the tenancy
in the same condition, "Fair Wear and Tear" excepted, as
that recorded on the inventory at the start of the tenancy. Landlords should
provide documentation and information on any items of particular value such
as antiques, collectable's, art works etc. items of no particular value other
than being of sentimental value should be removed from the property.
Decorations
There will be many circumstances where excessive wear and tear
will require compensation or charges to make good, e.g. numerous
nail or pin holes, torn wallpaper, paint/woodwork gouges, soiling
etc.
Landlords should expect acceptable associated deterioration to their property
when permitting: smokers, families with young children and pets.
Damage caused by smoking, tar and nicotine staining/soiling may not be considered
to be fair wear and tear depending on the letting agreement.
Location is an essential aspect of the life expectancy of many wall coverings.
| Life expectancy of emulsion painted walls |
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Non-Smokers |
Permitted Smokers |
| Family occupancy |
3 Years |
2 Years |
| Sole/dual occupancy |
5 Years |
2-3 Years |
| Life expectancy of wallpaper and similar coverings |
| |
Superior Quality |
Standard Quality |
Permitted Smokers |
| Family occupancy |
5 Years |
3 Years |
3 Years |
| Sole/dual occupancy |
6-8 Years |
5 Years |
3 Years |
Manufacturer's and/or professional advice may be required in
the event of pattern wear, rubbing and general durability.
If there is any doubt with regard to the life of specialist coverings,
such as silk panels, linen/silk finished wallpaper etc, it is advisable
to recommend that specialist advice be sought with regards to cleaning
or making good.
Laminated Flooring Surface scratches "nicks" and minor indentations
are considered to be consistent with fair wear and tear,
drag marks, deep scratches or scrapes, burn marks and stains
are considered to be chargeable issues.
There are various qualities of laminated flooring, many of which are not
suitable for such areas as kitchens and bathrooms. If water penetrates the
joints the laminate surface has a tendency to raise up or blister, therefore
the tenant cannot be held responsible.
Carpet
Calculating compensation for stained or damaged carpets
requires the following information.
- Age
- Quality
- Manufacturer's recommended life expectancy for that carpet
- Traffic/wear prior to the tenancy commencing
- Expected traffic during the tenancy
- Condition at check-out
- Any extenuating circumstances
Fabrics: Curtains, Blinds and Upholstery
Tenancy agreements sometimes require fabrics (i.e. curtains,
blinds and upholstery etc) to be professionally cleaned for
the start of a tenancy, (particularly corporate letting's).
It is usual practice for an inventory clerk to recommend
professional cleaning of fabrics after a 12-month or longer
tenancy if professional cleaning was carried out at the commencement
of the tenancy. However, we recommend that professional cleaning
of curtains be carried out at the owners discretion. Regardless
of quality, most fabrics age prematurely with frequent professional
cleaning.
Damage by Natural Forces
- Sunlight shinning through windows onto curtains and
carpets causing fading
- Discolouration and rot of polyester net curtains
- Storm damage to structures
- Weathering of external surfaces
Cleaning
Soiling or staining to any degree
is not considered to be fair wear and tear.
White Goods/Appliances
The life expectancy is that recommended by the manufacturers,
however, damage caused by misuse is not considered to be
consistent with fair wear and tear.
Gardens
- It is usual for a landlord to be responsible for the
control of trees
- Who is responsible for large evergreen shrubs and hedging
should be indicated in the agreement.
- Normal weather soiling is considered to be consistent
with fair wear and tear,
including marks left by planters on paving.
- Paths and paving should be swept and furniture cleaned.
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The Principle of Apportionment
Example 1
At check-in a carpet had not been freshly cleaned and it
had a few spot marks. At check-out it was found to be soiled.
In this scenario the landlord will not be entitled to full
compensation for its cleaning costs, because that would be
betterment. A fair solution is for the tenant to pay a percentage
of the cleaning costs
The percentage is dependent upon:
- The degree of soiling at check-in.
- The degree of soiling at check-out.
- When the carpet etc was last cleaned.
- An allowance for reasonable use during the tenancy.
- Any extenuating circumstances e.g. building or plumbing
work, re-wiring etc.
Example 2
A rug is missing at check-out it is described at the check-in
as having residual soiling, and a few tassels missing. What
should the tenant pay?
The tenant pays a portion of the cost of an equivalent replacement,
taking into account:
- Expected life expectancy of the rug expressed as a fraction
of the total life expectancy, say 2/5ths.
- Known damage to the rug at check-in which reduces the
liability fraction by say 1/10th.
- This gives a liability of 3/10ths of the value of a replacement.
Example 3
From the narrow hall into the kitchen there is a sharp right
hand turn. Clearly the exposed corner wall is very vulnerable
and is subject to considerable wear, finger marks and light
scuffing. At check-in it was noted that the magnolia emulsion
was newly washed down but lightly scuffed though the surface
was unbroken. At the end of the 2 year tenancy, after being
washed down by the tenant prior to check-out it appears to
have worn through, and there is a bad chip. You know that
the landlord believes the tenant should pay for the repainting
of the hall. What is fair wear and tear and what is damage
in such a circumstance? Whilst it can be argued that an exposed
location will have to have its emulsion renewed more often
than that in a sheltered spot, what is appropriate in this
circumstance? The damage will have to be made good at the
tenants expense. How much? We recommend that all of the cost
of the repair to the corner wall, plus an appropriate contribution
for the repainting of that specific area only, though the
age of the decorations has to be taken into account. The
remainder is normal maintenance which is the landlords responsibility.
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