In the rental property sphere, the key concept of ‘fair wear and tear’ is frequently included in lease agreements to regulate liability for damage to the property during the leasing period.
Simply put, ‘fair wear and tear’ refers to the natural deterioration of a property that accompanies its normal use over time. Importantly, the concept recognises that, during the term of a lease, a property will inevitably experience some degree of aging or wear consequent to typical, everyday activities, including cooking and cleaning, the opening and closing of doors, windows, and blinds, exposure to the elements, and general foot traffic.
Notably, instances of ‘fair wear and tear’, which a tenant is generally not responsible for repairing, are distinguishable from damage caused by negligence or misuse, which the tenant is typically required to rectify. For example, minor scuff marks on walls, light scratches on countertops, and worn-out upholstery typically constitute ‘fair wear and tear’.
However, broken windows or doors, holes in the walls, and burn marks on carpets or cabinetry, which cannot be cleaned, would likely be classified as ‘damage’. Depending on the contents of the lease agreement, a tenant is liable to repair this damage at their own cost. In practice, the cost of repairing the property is deducted from the deposit furnished by the tenant to secure the property.
While there is no fixed or conclusive test for determining what constitutes ‘fair wear and tear’, it is advised that landlords and tenants avoid potential disputes by conducting ongoing inspections of the leased property to ensure that both parties are aware of its current condition.
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The author previously shared a shorter version of her article to STBB’s social media platforms. To receive regular and practical legal content, follow us on Facebook, Instagram, and LinkedIn.
