What is classed as fair wear and tear when returning a tenants deposit?
There are a high number of landlords that still push for ‘betterment’ at the end of a tenancy, despite the fact that the law does not allow claims for ‘new for old’. Tenants are required by law to return the property back to its original state (including proper professional cleaning) according to the Inventory check in report with fair wear and tear allowances. On the other side of the coin many landlords just do not understand the principle of fair wear and tear, a landlord is unable to demand that a tenant must pay to have an item cleaned which was already dirty at the time of check in and is unable to claim for new items that are just worn. The best way for landlords and agents to ensure the property’s condition is fully recorded is by having a comprehensive inventory in place on the check in, and making sure that a check-out report is completed at the end of the tenancy. Another good way of staying on to of any potential issues before it may get too late are mid-term inspections; this way any problems can be quashed before the check out when disputes can be harder to resolve.
Agents and landlords must take in to consideration how the long the tenants have been at the property for, the age of the tenants and how many there are, would it be the typical amount for the property or should more wear and tear be accounted for… The longer the tenancy then naturally more wear and tear should be allowed for… if landlords and/or agencies don’t keep the tenants happy then constantly replacing tenants will mean more redecoration work etc between tenancies. You must always also take in to consideration the quality of the furnishing at the beginning of the tenancy, a lot of new build properties are not nearly as robust as older ones.
Accurate reports must be taken at the beginning of the tenancy with photos of every item; this is not always done by inventory clerks but a picture paints a thousand words and can be a huge help to decipher or prevent a potential dispute.
You can contact Assist Inventories to discuss any issues you may have, we’re always happy to help.
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