What is Fair Wear and Tear?

What is Fair Wear and Tear?

‘Fair wear and tear’ is a purely subjective concept used to measure the acceptable amount of deterioration one would expect in a rental property during the term of a tenancy.

The closest we have to a definitive explanation would be that made by the House of Lords. They stated that ‘fair wear and tear’ would constitute:

 ‘Reasonable use of the premises by the Tenant and the ordinary operation of natural forces (i.e. a passage of time).’

Obviously this is far from conclusive. And indeed, to complicate matters further, one must base any decision of several further mitigating factors. These would include:

1)     The length of tenancy. The longer the tenancy the more natural wear.

2)     The number and age of occupants. If the property is heavily occupied and/ or there are young children living there, assuming that the landlord is aware of this at the commencement of the tenancy, then one would anticipate higher wear and tear.

3)     Animals. Again, assuming that the landlord is aware, one has to make allowances for additional damage to the property by pets.

4)     Unfurnished properties. If a property is unfurnished then one would assume quite fairly that there will be a few knocks to the structure of the property with adding and subsequent removal of furniture.

5)     Quality of accommodation. New properties tend to be less robust than older properties, so one would expect walls, partitions and internal painted surfaces in a new build to suffer more distress than an old Victorian property for example.