Fair wear & Tear Information
Fair wear & Tear Information
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 (ie 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.
The terms of a tenancy agreement may over rule any recommendations made here. It is recognised 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 judgement. 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
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 which was 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, collectibles, art works etc. Items of no particular value other than being of sentimental value should be removed from the property.
Laminated Flooring
Surface scratches, 'nicks' and minor indentations are considered to be consistent with fair wear and tear. Drag marks, deep scratches, scrapes, burn marks and stains are considered to be chargeable issues.
Carpet
Calculating compensation for stained or damaged carpet requires the following information.
Age
Quality
Manufacturer's recommended life expectancy for that carpet
Traffic / wear prior to the tenancy commencing
Expected traffic during tenancy
Condition at check out
Any extenuating circumstances
Fabric: Curtains, Blinds and Upholstery
Tenancy agreements sometimes require fabrics (ie curtains, blinds, upholstery etc) to be professionally cleaned for the start of the tenancy (particularly corporate lettings). 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. Regard less 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 usula for a landlord to be responsible for the control of trees
Who is responsible for the 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.
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 would be for the tenant to pay a percentage of the cleaning costs. The percentage would be dependant on:
The degree of soiling at check in
The degree of soiling at check out
When the carpet was last cleaned
An allowance for reasonable use during the tenancy
Any extenuating circumstances eg building or plumbing work, re-wiring etc.
Example 2
A rug is missing at check out. It is described at 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 equivelent replacement, taking into account
Expected life 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 the value of 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 that the tenant should pay for the repairing of the hall. What is wear and tear and what is damage in such a circumstance?. Whilst it can be argued that an exposed location will have to have it's emulsion renewed more often than 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 repainting of that specific area only, though the age of the decorations has to be taken into account. The remainder is the normal maintenance which is the landlords responsibility.
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