What Is Fair Wear and Tear when Renting
A rental contract comes with rules both for the landlord and the tenant. But many times, it is unclear where normal wear ends and damage begins. Should a tenant pay if the carpets have worn out or the curtains have faded? Should they ensure professional end-of-tenancy cleaning? A few of these aspects were solved in 1953, when one of the greatest judges of modern England, Lord Denning, sorted out the obligations of tenants and landlords. His view, which is still largely applied today, was that tenants must care for the houses they rent, performing regular domestic cleaning and maintenance. But they don’t owe anything to the landlord for expected natural and gradual damage. If you are a tenant getting ready to move out or a landlord who needs to perform an inspection on their property before getting it back from the tenant, this guide can help you figure out how things are and what you should expect.
What Does Fair Wear and Tear Mean?
Things degrade. This is how the world works. So, no matter how well a tenant looks out for a home, in the end, the wallpaper discolours and the wooden doors warp. These may not be visible in a newly renovated home if the tenancy is short. But, according to Statista, more than 25% of tenants in London spend between 5 and 9 years in the same place. And 19.6% reach 10 to 19 years. After such long periods, unless the landlord renovates the place, fair wear and tear are expected. It can refer to worn-out carpets, scuff marks, or a few water stains on the wall caused by old pipes leaking. And the landlord cannot claim any compensation for these damages with few exceptions when the damage could have been avoided or is too serious.
Does Fair Wear and Tear Apply to Cleanliness?
Tenants must leave the place as they found it in terms of cleanliness, so the concept of fair wear and tear doesn’t apply to this domain. While there is no law stating that tenants must hire a local house cleaning company instead of doing the cleaning themselves, if the property was professionally cleaned before they arrived, they should meet the same standards.Tenants are expected to behave in a “tenant-like manner” and ensure that every room has been thoroughly cleaned before checking out. The kitchen and the bathroom usually need more attention, as grease and scale can be difficult to remove. And the landlord can deduct some expenses from the deposit if the house seems dirty. However, leaving it all to the end and expecting end-of-tenancy cleaning to deal with all the dirt gathered in time may be unrealistic.
At Get Set Clean we provide regular house cleaning in London and can help you prevent heavy dirt deposits that can get hard to clean and even damage some of the objects and surfaces around the house.
What Is Betterment?
This term refers to the situation when a tenant is expected to replace an already old item with a brand-new one. This would lead to the landlord obtaining an unfair advantage, a practice disapproved by most small courts.
Factors that Influence Fair Wear & Tear Expectations
Sometimes it can be difficult to determine if the tenant has caused damage to the objects or if it is just fair wear and tear. To avoid conflicts, the landlord should consider the following factors that have a direct contribution to their expectations:
Initial age of objects and furniture
If everything is brand new, as a landlord, you may be disappointed to see that the carpet already looks worn out after one year of tenancy. And you are right. If the carpet is stained or torn, you are right to expect the tenant to pay for it. On the other hand, if it has already seen a few years of tenancy, you should accept that in time any object decays, no matter if the tenant has taken care of it and cleaned it regularly.
Top tip: As a landlord, you should keep all the receipts, so you can prove the age of the objects and the remodelling/renewal works you’ve done around the property.
Type of tenancy
Do you accept families with small kids or pets? How many people will be living inside the property? All these factors impact the rate at which the objects degrade. So, as a landlord, you must adjust your expectations to match the tenants you are receiving in your rental house. Homes where families live typically experience more wear and tear than those inhabited by a couple or a single person. To make sure everything is well preserved for longer you can agree upon some domestic house cleaning rules and state them in the contract. For example, if the pets pee on the floor or carpet, the tenant should act promptly and clean the area.
Length of tenancy
Each object or remodelling work has a lifespan, and landlords must be aware of it. For example, a carpet can last up to 10 years, depending on quality, whilst a kitchen faucet can reach 15 to 20 years. They will slowly degrade until the point that they need to be replaced. If your tenants have been living on the same property for years, you must assume that some objects have degraded, and this is not their fault.
Fair Wear and Tear vs Damage – Checklists
The 'Landlord and Tenant Rights and Responsibilities in the Private Rented Sector' document, published on gov.uk, outlines the rights and duties of both parties, offering a clearer understanding of property rental dynamics. We have distilled the key aspects concerning fair wear and tear versus property damage into this checklist to save you time:
Fair Wear and Tear:
- Worn carpets
- Scuffs on floors
- Worn-out key
- Faded or chipped paint or wallpaper
- Faded curtains
- Dirty windows
- Worn lino
- Stained ceiling from rain or plumbing issues
Damage:
- Burned or torn carpets
- Badly scratched floors
- Missing or broken key
- Unauthorized new paint or wallpaper
- Missing or torn curtains
- Broken or missing windows
- Holes or burns in the lino
- Stained ceiling from bathroom flooding
This comparison helps clarify expectations and responsibilities for both landlords and tenants.
Rest Easy Knowing that Professionals Got You Covered
Hiring a professional home cleaning company to do regular cleaning on your rental guarantees that you won’t lose your deposit at the end of your tenancy. You will be able to prove that you used professional domestic house cleaning services to preserve the place in a good state and that everything that has degraded is only due to fair wear and tear. Plus, if you hire our domestic cleaners in London, you can enjoy perfect house cleaning every day. Get in touch with us now and stop worrying about what your landlord may say when it’s time for you to find a new home.
