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Dec, 2014

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  1. #1
    Join Date
    Jan 2006
    Posts
    1,438

    Default What is 'fair wear and tear'?

    Found this website contains some excellent information to supplement that given for this topic through LandlordZONE posts.

    ARLA Fair Wear and Tear, Deposits, Disputes and Damages
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

  2. #2

    Default Deposit and reasonable wear and tear

    Can someone explain what is defined as "reasonable wear and tear"

    I had been renting an unfurnished property for three years, before I ended the tenancy I wrote to the managing agent and asked what is reasonable wear and tear after three years as their expectations must be different to that of someone had rented a property for six months.

    I had a letter back saying to ensure paintwork was cleaned as well as the carpets.

    Have moved out and they are saying that the whole flat needs painting as it is not in as new condition as when I moved in, so how does reasonable wear and tear come into it. I had painted most of the flat before moving out and it looked good however they are saying its not to the same standard.

    Also despite using a carpet cleaning company from the Yellow Pages that had been trading for 18 years they are saying its not to their high standard, surely they should provide a list of approved suppliers when a tenant moves in.

    So my question is: what should their expectations be after three years of tenancy regrading the condition of paintwork etc, surely it should not be that same as a six month let? I am preparing to fight them in the county court on the basis that the contract was unfair as it did not allow for reasonable wear and tear and also the letter I received said I only had to ensure that painted surfaces are clean.

  3. #3
    Join Date
    Feb 2005
    Posts
    262

    Default

    If you have just been using the property as your home, no accidental damage etc then I cant see how the paintowrk or carpets would be in anything less that a reasonable condition.

    AFAIK if you go to court it is down to them to prove that the condition was not reasonable and the judge will decide.

    From what you say it sounds like they are being petty and expecting the property to be retunred in the same condition if not better which is not fair or legal !

    That said I am not sure why you repainted the walls ? You might find that this goes against you as they can then claim that the quality of the paint job was not good.

    Good luck.

  4. #4
    Join Date
    Mar 2006
    Location
    London
    Posts
    457

    Default

    Quote Originally Posted by granthar
    Can someone explain what is defined as "reasonable wear and tear"

    I had been renting an unfurnished property for three years, before I ended the tenancy I wrote to the managing agent and asked what is reasonable wear and tear after three years as their expectations must be different to that of someone had rented a property for six months.

    I had a letter back saying to ensure paintwork was cleaned as well as the carpets.

    Have moved out and they are saying that the whole flat needs painting as it is not in as new condition as when I moved in, so how does reasonable wear and tear come into it. I had painted most of the flat before moving out and it looked good however they are saying its not to the same standard.

    Also despite using a carpet cleaning company from the Yellow Pages that had been trading for 18 years they are saying its not to their high standard, surely they should provide a list of approved suppliers when a tenant moves in.

    So my question is: what should their expectations be after three years of tenancy regrading the condition of paintwork etc, surely it should not be that same as a six month let? I am preparing to fight them in the county court on the basis that the contract was unfair as it did not allow for reasonable wear and tear and also the letter I received said I only had to ensure that painted surfaces are clean.
    I think their trying to pull a fast one here.Surely they are not that stupid to realize that paint discolours with time.Also does it say anything relating to your posting in the tenancy agreement.

  5. #5
    Join Date
    Jan 2005
    Posts
    5,132

    Default

    What colour was the flat painted originally?
    What colour did you paint it?
    Did you have permission or were you within the terms of your tenancy agreement to paint it?
    Was the quality of your workmanship as good as the original?

    All relevant questions which should be answered before anyone writes off this landlord as being totally unreasonable.

  6. #6

    Default Painting

    I was allowed to paint, as they had originally had left a tin of paint to cover up marks. However this was used within the first year and the type of paint was discontinued. It was repainted becuase of some marks caused when moving the furniture out. I had heard that the letting agancy had been unreasonable with other tenants and rather than risk losing the deposit over a few marks decided it was best to repaint using the same colour and finish as the original.

  7. #7

    Default Fair wear and tear

    Does anyone have any thoughts on how long things like carpet and paintwork should last.

    Surely it is unreasonable to expect paintwork to last 10 years and for carpet to last that long if it only cost £2.99 a sq metre?

    Any thoughts would be good.
    Last edited by granthar; 06-04-2006 at 10:34 AM. Reason: spelling

  8. #8

    Default wear and tear - again

    Does anyone have any thoughts on how long things like carpet and paintwork should last.

    Surely it is unreasonable to expect paintwork to last 10 years and for carpet to last that long if it only cost £2.99 a sq metre?

    Any thoughts would be good.

  9. #9
    Join Date
    Feb 2005
    Posts
    262

    Default

    odd question !!

    Paintwork and carpet will last as long as it lasts. Unless the tenant has caused intentional or accidental damage to the items then any wear and tear is reasonable.


    how long would you expect these things to last in your own home ? Same applies.

  10. #10
    Join Date
    Feb 2005
    Location
    Hampshire
    Posts
    6,131

    Default

    The answer although subjective does have some unwritten rules

    • A cheap carpet would normally have a maximum life of 3 years, and gloss paintwork about the same.
    • if you have emulsioned walls then 2 years is about right.
    • If you have expensive carpets and they are of a colour that is easy to clean and doesn't show too many marks then it might last ten years. Quality carpet can take a lot of "hammer" and will respond well to professional cleaning.
    • As Zoe says, it all depends on how well you tenant treats the place, and how many occupants you have - children cause more wear & tear generally than adults, but not always!
    • The definition of wear & tear is "natural deterioration with normal usage".
    The advice I give should not be construed as a definitive answer, and is without prejudice or liability. You are advised to consult a specialist solicitor or other person of equal legal standing.

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