Fair wear and tear - laws

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    Fair wear and tear - laws

    Our tenants have scuffed the downstairs hall way in our flat by have bikes and other things rubbing badly against the walls etc (being stored against the walls) and desks and chairs rubbing against the lounge wall which again has badly marked it. Is this fair wear and tear? i don't think it is as i know i would never just let stuff mark the walls like that.

    #2
    I guess it depends how long they were there. If six months, I would agree with you. If three years, maybe it's fair.

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      #3
      there were there for 1 year and its pretty bad. i can understand some marks but not to the extent it is.

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        #4
        Well, then I guess you can charge a proportion of redecorating costs. I reckon to do mine maybe once every three years. Work out what proportion of that you have 'lost' and charge that proportion of redecorating costs.

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          #5
          Obviously, you can not do this in communal areas (downstairs hallway?) as tenants have no responsibility for these areas. Obviously, if you have proof it was them in communal areas, that would be different.

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            #6
            Originally posted by Snorkerz View Post
            Obviously, you can not do this in communal areas (downstairs hallway?) as tenants have no responsibility for these areas. Obviously, if you have proof it was them in communal areas, that would be different.
            If it's a joint tenancy, all areas of the property are equal. OP has given no indication that it's a shared property with tenants on individual ASTs for their rooms.

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              #7
              Originally posted by westminster View Post
              If it's a joint tenancy, all areas of the property are equal. OP has given no indication that it's a shared property with tenants on individual ASTs for their rooms.
              OP cites a flat - It must be reasonable to assume that 'downstairs' in a flat may not be part of the let property.

              Comment


                #8
                Fair wear and tear is what's fair and reasonable to expect a tenant or tenants to cause over the duration of the tenancy. Even if you think it's unreasonable and unfair, does it actually enter into the realm of damage, and can you prove it if T disputes it?

                It's not black and white.

                Comment


                  #9
                  Originally posted by Snorkerz View Post
                  OP cites a flat - It must be reasonable to assume that 'downstairs' in a flat may not be part of the let property.
                  A flat can be a maisonette on more than one level; very common in London (dunno about elsewhere).

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