Standards & condition
What is fair wear and tear?
Fair wear and tear is the deterioration that occurs from reasonable use over time. A tenant is not liable for it, and deductions that attempt to charge for it are reduced or refused.
Assessing it means weighing the original condition and age of the item, the length of the tenancy, and the number and type of occupants. A four-year family tenancy and a six-month single let produce different expectations of the same carpet.
The principle behind it is that a landlord should not end up better off than before. Replacing a worn item with a new one at a tenant's expense is betterment, and an apportionment is the usual answer.
Damage is different from wear. A burn, a tear or a break is damage whatever the length of the tenancy, and the distinction is where most disputes actually turn.
What goes wrong in practice
- Full replacement cost claimed for an item that was already part-worn.
- No record of an item's age or condition at the start, so apportionment is impossible.
- Wear described as damage in a claim, which undermines the rest of it.