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What is 'fair' wear and tear?

Started by mydeposits, April 01, 2010, 11:49:20 AM

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mydeposits

We would like to hear your comments, thoughts and experiences on the subject of 'wear and tear'. How do you make a judgement call at the end of a tenancy lease?

To give you a point of reference, the House of Lords defines fair wear and tear as: "Reasonable use of the premises by the Tenant and the ordinary operation of natural forces".

But, what do you think falls within the boundaries of fair or reasonable wear and tear? Please share your thoughts with us and invite others to do so as well.

Jools

Fair wear and tear?

Marks (not dent/gouges) to walls and emulsion, skirtings, door frames etc. Lights dirt to carpets (not heavy ingrained stuff, oil marks etc), Marks around light switches etc.

Not fair wear and tear?

Iron marks, wine stains, oil or other grease marks on the carpet, plaster taken out of wall due to incorrect mounting of pictures, filthy kitchen due to blocked extractor filters, stinky carpets in bathrooms etc.

just for a start!

Jools

mydeposits

Some really good points there Jools – I think damage to carpets is a tough one, as accidents e.g. spillages can happen in any home. Would anyone else like to share their opinion on the subject?

sandyr

I think 'fair' would classify as a few knocks, scratches, chips.

Anything above that would be 'damage' rather than wear & tear...at least in my opnion.

But the trouble with these things is that they're completely open to interpretation, which is a difficult concept if you have legal expenses should you want to enforce some sort of claim / action.

Jools

Spillages are not wear and tear! Neither are furr balls, vomit, blood, other bodily fluids, engine oil or paint!