What is 'fair wear and tear'?

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  • What is 'fair wear and tear'?

    Found this website contains some excellent information to supplement that given for this topic through LandlordZONE posts.

    ARLA Fair Wear and Tear, Deposits, Disputes and Damages
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

  • #2
    Deposit and reasonable wear and tear

    Can someone explain what is defined as "reasonable wear and tear"

    I had been renting an unfurnished property for three years, before I ended the tenancy I wrote to the managing agent and asked what is reasonable wear and tear after three years as their expectations must be different to that of someone had rented a property for six months.

    I had a letter back saying to ensure paintwork was cleaned as well as the carpets.

    Have moved out and they are saying that the whole flat needs painting as it is not in as new condition as when I moved in, so how does reasonable wear and tear come into it. I had painted most of the flat before moving out and it looked good however they are saying its not to the same standard.

    Also despite using a carpet cleaning company from the Yellow Pages that had been trading for 18 years they are saying its not to their high standard, surely they should provide a list of approved suppliers when a tenant moves in.

    So my question is: what should their expectations be after three years of tenancy regrading the condition of paintwork etc, surely it should not be that same as a six month let? I am preparing to fight them in the county court on the basis that the contract was unfair as it did not allow for reasonable wear and tear and also the letter I received said I only had to ensure that painted surfaces are clean.

    Comment


    • #3
      If you have just been using the property as your home, no accidental damage etc then I cant see how the paintowrk or carpets would be in anything less that a reasonable condition.

      AFAIK if you go to court it is down to them to prove that the condition was not reasonable and the judge will decide.

      From what you say it sounds like they are being petty and expecting the property to be retunred in the same condition if not better which is not fair or legal !

      That said I am not sure why you repainted the walls ? You might find that this goes against you as they can then claim that the quality of the paint job was not good.

      Good luck.

      Comment


      • #4
        Originally posted by granthar
        Can someone explain what is defined as "reasonable wear and tear"

        I had been renting an unfurnished property for three years, before I ended the tenancy I wrote to the managing agent and asked what is reasonable wear and tear after three years as their expectations must be different to that of someone had rented a property for six months.

        I had a letter back saying to ensure paintwork was cleaned as well as the carpets.

        Have moved out and they are saying that the whole flat needs painting as it is not in as new condition as when I moved in, so how does reasonable wear and tear come into it. I had painted most of the flat before moving out and it looked good however they are saying its not to the same standard.

        Also despite using a carpet cleaning company from the Yellow Pages that had been trading for 18 years they are saying its not to their high standard, surely they should provide a list of approved suppliers when a tenant moves in.

        So my question is: what should their expectations be after three years of tenancy regrading the condition of paintwork etc, surely it should not be that same as a six month let? I am preparing to fight them in the county court on the basis that the contract was unfair as it did not allow for reasonable wear and tear and also the letter I received said I only had to ensure that painted surfaces are clean.
        I think their trying to pull a fast one here.Surely they are not that stupid to realize that paint discolours with time.Also does it say anything relating to your posting in the tenancy agreement.
        Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

        Comment


        • #5
          What colour was the flat painted originally?
          What colour did you paint it?
          Did you have permission or were you within the terms of your tenancy agreement to paint it?
          Was the quality of your workmanship as good as the original?

          All relevant questions which should be answered before anyone writes off this landlord as being totally unreasonable.

          Comment


          • #6
            Painting

            I was allowed to paint, as they had originally had left a tin of paint to cover up marks. However this was used within the first year and the type of paint was discontinued. It was repainted becuase of some marks caused when moving the furniture out. I had heard that the letting agancy had been unreasonable with other tenants and rather than risk losing the deposit over a few marks decided it was best to repaint using the same colour and finish as the original.

            Comment


            • #7
              Fair wear and tear

              Does anyone have any thoughts on how long things like carpet and paintwork should last.

              Surely it is unreasonable to expect paintwork to last 10 years and for carpet to last that long if it only cost £2.99 a sq metre?

              Any thoughts would be good.
              Last edited by granthar; 06-04-2006, 10:34 AM. Reason: spelling

              Comment


              • #8
                wear and tear - again

                Does anyone have any thoughts on how long things like carpet and paintwork should last.

                Surely it is unreasonable to expect paintwork to last 10 years and for carpet to last that long if it only cost £2.99 a sq metre?

                Any thoughts would be good.

                Comment


                • #9
                  odd question !!

                  Paintwork and carpet will last as long as it lasts. Unless the tenant has caused intentional or accidental damage to the items then any wear and tear is reasonable.


                  how long would you expect these things to last in your own home ? Same applies.

                  Comment


                  • #10
                    The answer although subjective does have some unwritten rules
                    • A cheap carpet would normally have a maximum life of 3 years, and gloss paintwork about the same.
                    • if you have emulsioned walls then 2 years is about right.
                    • If you have expensive carpets and they are of a colour that is easy to clean and doesn't show too many marks then it might last ten years. Quality carpet can take a lot of "hammer" and will respond well to professional cleaning.
                    • As Zoe says, it all depends on how well you tenant treats the place, and how many occupants you have - children cause more wear & tear generally than adults, but not always!
                    • The definition of wear & tear is "natural deterioration with normal usage".
                    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

                    Comment


                    • #11
                      Thanks

                      Thanks for the reply. I was asking as a tenant in dispute with managing agent. Your views seem to coincide with mine and I will seek further advice.

                      Comment


                      • #12
                        Wear and Tear on Paint and Carpet

                        Hi Granther

                        I'm a Landlord, and painting the walls and replacing carpet is the Landlords responsibility unless you have caused any real long term damage to them.
                        Can they be cleaned?

                        BRgds
                        Shetal

                        Comment


                        • #13
                          contract

                          The landlords agents are saying that under the terms of the contract I had to return the flat in the same condition as when I first rented it. I am arguing thta whilst this may be reasonable for a six month let, after three years there should be some allowance for reasonable wear and tear.
                          Guess I just sue them in the County Court and let the court decide what is reasonable.

                          Comment


                          • #14
                            Granthar

                            "The landlords agents are saying that under the terms of the contract I had to return the flat in the same condition as when I first rented it." Minus fair wear and tear...

                            Your agents are wrong and you will have a really good case in court.

                            Are they members of any professional body ? If so you could try and approach them first.

                            Good luck.

                            Zoe

                            Comment


                            • #15
                              Wear & tear or damage??

                              Hi
                              On the same theme as my previous post re cleaning .... a family has just moved out of our property & left a few things in a mess!

                              The carpet in one of the bedrooms has a HUGE number of very bad stains on it. I have attacked them with carpet cleaner etc, but I think it is a lost cause!
                              When does wear & tear become damage?
                              To my mind this is not just W&T, it is careless behaviour that has not been addressed as it happened

                              They have also had a dog in the kitchen, which has obviously jumped up on the table in one area, as all the edge has been clawed. Same on the bottom of the table & on the leg of one of the stools that was in there.

                              I appreciate that we have to allow for some W&T etc .... but can we retain some of the deposit for this stuff?
                              How do we go about valuing the amount for this - I assume we cannot charge them the full replacement value?

                              Many thanks in advance

                              Comment

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