If you’re a landlord or letting agent, you’re likely familiar with the term “fair wear and tear.” However, understanding what it actually means, as well as when it’s not applicable, can be challenging. In this week’s Ask TDS, the Tenancy Deposit Scheme explores the definition of fair wear and tear and offers guidance on how to handle situations when they exceed reasonable use.
What is fair wear and tear?
Fair wear and tear refers to the reasonable deterioration that occurs in a rental property over time, as a result of normal, everyday use during the period of a tenancy. It’s separate from damage caused by misuse, negligence, or intentional actions of a tenant, which the tenant should be responsible for.
What are some examples of fair wear and tear?
Examples of fair wear and tear can include:
- faded paint or wallpaper
- small scuffs on walls or floors
- worn carpets or curtains.
Essentially, any damage that occurs as a result of ordinary use and can’t be attributed to a specific incident or misuse by the tenant can be considered fair wear and tear.
However, it’s important to note that fair wear and tear is not always clear-cut. It can depend on factors such as the length of the tenancy, the type of property, and the quality of materials used.
For example, a carpet that is five years old and has been used by multiple tenants will likely show more signs of wear and tear than a carpet in a single-person tenancy. Additionally, if certain items were worn at the start of the tenancy but are now considered damaged, this may also be considered fair wear and tear.
So, when does fair wear and tear go beyond what is considered acceptable?
When evaluating property at the end of tenancy, the key is to look for damage that is more than what can reasonably be attributed to normal use. Examples of such damages may consist of:
- Carpet or wall stains that cannot be removed by cleaning
- Curtain or blind holes or tears
- Furniture or appliances that are broken or damaged
- Flooring with deep scratches or gouges
- Water damage or mould caused by the tenant’s negligence.
If you believe that the damage caused by the tenant goes beyond fair wear and tear, you have the right to deduct the cost of repairs or replacement from the deposit. However, it’s important to be reasonable and fair in your assessment and to provide the tenant with an itemised list of deductions, and the opportunity to dispute any charges. The Tenancy Deposit Scheme offers a useful deduction template, which agents and landlords can download for free.
Advice from the Tenancy Deposit Scheme
To avoid potential disputes at the end of tenancy, conduct a thorough check-in and check-out inspection with the tenant, and document in detail any existing damage or wear and tear. An inventory and check-in can help establish a baseline and make it easier to determine what constitutes fair wear and tear at the end of the tenancy.
Remember, the burden of proof lies with landlords, so ensure you keep written records of anything that may help you in disputes, such as invoices, emails and receipts. You can download the Tenancy Deposit Scheme’s guide to inventories, check-ins and check-outs, here.
Have a potential dispute? Try our Dispute chatbot to check whether your claim and evidence are both valid.
Fair wear and tear is a natural part of renting out a property and should be expected. By being fair and reasonable in your assessments, conducting thorough inspections, and communicating clearly with your tenants, you can help ensure a smooth and successful tenancy.
FAQs
Fair wear and tear refers to the reasonable deterioration that occurs in a rental property over time, as a result of normal, everyday use during the period of a tenancy. It's separate from damage caused by misuse, negligence, or intentional actions of a tenant, which the tenant should be responsible for.
Can a landlord deduct a deposit for painting? ›
Security Deposit Deductions: If the tenant's unauthorized painting constitutes damage or a breach of the lease agreement, the landlord can deduct the costs from the tenant's security deposit. However, the landlord must follow proper procedures for documenting and providing an itemized list of deductions.
What are TDS fees? ›
TDS' Insured Scheme Explained
You pay a small fee to protect each deposit, which means you can keep your deposit in your bank account for the duration of the tenancy, keeping the accrued interest. At the end of the tenancy, you administer the repayment with the tenant.
Is mould wear and tear? ›
Is Mould Considered Normal Wear and Tear? This will depend on the cause of mould. If there is evidence that the mould has been caused by the negligence of the tenants and advice and regular maintenance has been supplied by the landlord, then compensation can be claimed.
How does TDS custodial work? ›
TDS Custodial protection explained
At the end of the tenancy, we administer the repayment to you and the tenant, after you both agree how much money should be released. If you and your tenant cannot agree, we provide impartial adjudication to resolve the dispute.
Are screw holes normal wear and tear? ›
According to the HUD, nail holes in the walls are considered normal wear and tear. However, it's reasonable to classify large screw holes or multiple nail holes that cause damage to the paint or drywall as property damage.
Why don t landlords let you paint? ›
Painting without the landlord's permission can be seen as an act of vandalism as it technically is damaging someone else's property. Doing so could result in your landlord retaining a portion of your deposit.
Which is the best tenancy deposit scheme for landlords? ›
Custodial is ideal for landlords or agents who don't want to hold the deposit themselves, and a hassle-free way to protect your deposit.
What is TDS on deposit? ›
What is the TDS rate on FD? TDS (Tax Deducted at Source) on FD is currently deducted at a rate of 10%. If the total interest earned on FDs for a financial year exceeds Rs. 40,000. However, if the investor's PAN is not available, TDS is deducted at the rate of 20%.
Does TDS have a cancellation fee? ›
60-Day Satisfaction Guarantee: If you are not completely satisfied with your TDS experience within the first 60 days, TDS will allow you to cancel service with no cancellation charges from TDS.
Fair wear and tear refers to the reasonable deterioration that occurs in a rental property over time, as a result of normal, everyday use during the period of a tenancy. It's separate from damage caused by misuse, negligence, or intentional actions of a tenant, which the tenant should be responsible for.
What is not wear and tear? ›
If the Tenant knowingly or deliberately mistreats the property, or uses it for the wrong purposes, the damage the Tenant causes isn't ordinary wear and tear – it's abuse or misuse.
What are fair wear and tear marks on walls? ›
Examples of reasonable wear and tear
Small scuffs and marks on walls. Cracks in walls caused by settlement or thermal expansion. Loose taps, toilet seats, cupboard doors etc. Loose hinges and handles on doors.
How long does TDS have to protect deposit? ›
How long do I have to protect my deposit? All landlords are required by law to protect any deposits taken for a tenancy within 30 days of receiving the deposit or within 30 days of the tenancy becoming an assured shorthold tenancy.
How do I get my deposit back in TDS? ›
Getting my deposit back – TDS Custodial
- Go to the deposit summary and click 'Request repayment of deposit. ...
- Tell us how much of the deposit each party should receive.
- We will notify the landlord/letting of your request and invite them to respond.
With TDS Insured, we can only accept disputes up to three months after the end of the tenancy.
Is painting an expense for rental property? ›
Maintenance and Repairs: Most of the repairs that you complete at your rental property are deductible for ordinary maintenance. These repair costs can include appliance repairs, plumbing repairs, electric repairs, carpeting, painting, roof patching, cleaning, labor costs, and materials/supplies.
Should I pay a painter a deposit? ›
Most professional house painters require an up-front deposit of 20% to 30% of the job's total cost.
Is paint normal wear and tear in California? ›
Normal Wear & Tear Examples
Ripped or faded wallpaper. Peeling, faded, or cracked paint, including ceiling paint. Holes in the wall, including nail holes and pins. Cracks in the walls.
What can a landlord deduct from a security deposit in Texas? ›
Section 92.104 of the Texas Property Code describes what a landlord may deduct from a security deposit: Before returning a security deposit, the landlord may deduct from the deposit damages and charges for which the tenant is legally liable under the lease or as a result of breaching the lease.
