Wear and tear is easy! It’s just common sense… right? Apparently not! Of all tenancy issues, a study by the Association of Independent Inventory Clerks found that the meaning of wear and tear was the thing most landlords are most confused about.
Let’s have a look at what the law says on the issue.
What is wear and tear? 
The idea is that tenants don’t have to be acting neglectfully for the condition of the property to decline. Reasonable day-to-day use of a property will inevitably result – in some parts – in it suffering from wear and tear. What are some examples?
- Wearing of the carpets
- Scuffs on the walls and skirting
Nothing lasts forever, and the idea of wear and tear tries to make sure tenants aren’t held responsible for that being true!
Legal definition of wear and tear
It would just be easier if we gave you the legal definition of wear and tear, wouldn’t it…
Except we can’t! There isn’t one. It’s not in a rule book somewhere on Chancery Lane. If only it was! Instead, it’s a subjective assessment that combines a number of factors. Here are some of them:
- Length of tenancy
The longer a tenancy is, the more wear and tear a landlord should expect to see at its conclusion. While some brand new curtains shouldn’t break in one year of normal use, five years of normal use may well be the end of them.
- Type of tenants
Different tenants are likely to make different use of the same property. The amount of wear and tear that can be said to be normal will differ, therefore, based on the tenants. A student house of six will see a lot more use out of the property than two married professionals.
- Normal use and damage
Some defects are caused by normal use. If they are not, then the defect is likely to be seen as damages. This difference is the difference between a carpet that has faded due to five years of people walking on it or is fading due to someone spilling bleach on it: carpets are meant to have people on them, but not bleach!
If you want to learn more about your rights as a tenant and what repairs are your landlord’s duty, check out this page by Citizens’ Advice.
