Fair Wear and Tear  

What seems fair to a landlord may not necessarily seem fair to the tenant, and vice versa.

“Fair wear and tear” in law, means that with regard to any apparent damage done to the landlord’s property, the landlord must take account of reasonable wear in the day to day usage of the property and not expect over-compensation. Indeed, within reason, wear and tear is part of the cost of letting a property.

In calculating anything over and above wear and tear the judge takes into account the original age, quality and condition of the item along with its average expected use for life, the number of occupants and the length of occupancy.

There is no legal right for a landlord to expect to have the property returned to him in the condition in which it was in at the start of the tenancy, and the tenant’s deposit should not be used to achieve this.

Supposing for example a chair got damaged. The landlord could not insist that it was replaced with a similar one in terms of age and condition before it was broken. If damage is repairable then a good repair should be acceptable.

A stain on a rug means a claim for the charge of removing the stain not the entire replacement of the rug. If a replacement is necessary the cost is apportioned according to the age and expected lifespan of the rug. The judges often apply the following formula:

A = cost to replace £300;

B – actual age of item;

C = expected normal lifespan 10 years;

D = residual lifespan C minus B =six years;

E=Annual depreciation A/C £30;

Apportionment to tenant D x E £180.

Disputes between landlord and tenant can cost far more in legal fees than the original amount at stake therefore early expert advice should be taken to nip these problems in the bud.

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