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What is 'Wear and Tear' on a rental property?

52 replies

beetroot · 14/03/2006 13:49

As you know we have just left rental and moved into our new house.
Just met the landlord at the property who said he is going to take off money for every mark. He says he will have to re paint the house...and started to tell me haow to bring up my kids because there were a couple of marks on the carpets.

Am Fuming...

OP posts:
Earlybird · 14/03/2006 13:50

How long were you there? Was the place immaculate when you moved in?

Enid · 14/03/2006 13:50

no thats bollocks

its actually really hard for them to keep any of your deposit

everythign you say sounds like reasonable wear and tear to me

we are veterans of bastard landlords and have taken two lots to the small claims courts - won both times Smile

Enid · 14/03/2006 13:51

doesn't matter if it is immaculate

marks on walls and carpets aer classed as 'reasonable wear and tear'

Enid · 14/03/2006 13:51

'if it WAS immaculate' sorry

FrayedKnot · 14/03/2006 13:52

Totally out of order about the marks on the walls etc!

I used to rent out a property and you can allow for wear & tear on your tax return, it is a totally expected expense.

But if the carpets are particulalry dirty and / or dirtier than when you moved in I suppose he could reasonably expect you to pay for them to be cleaned.

I did when we moved out of our rented house last year because DS had wee'd on some of the carpets Blush

He's trying it on, did you go through an agency or direct with him?

Enid · 14/03/2006 13:53

even if carpets are filthy he MUST by law give you the chance to clean them yourself before taking any of your money to have them professionally cleaned.

beetroot · 14/03/2006 13:53

We were there 7 months. He tutted at a mark on the lino, a black smudge thing. When I siad it is just a black mark, he said, well have you cleaned this porperty? 'I wouldn't pay the cleaners' Place looks great.

I called him an evil man.. Blush

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CountessDracula · 14/03/2006 13:54

Defining FWT

Fair Wear & Tear has been defined in part through the legal process. A tenant cannot be held responsible at the end of a tenancy for changes to a property's condition caused by what the House of Lords has called "reasonable use of the premises by the tenant and the ordinary operation of natural forces (i.e. the passage of time)."

A professional inventory clerk uses experience and common sense to assess the many factors present before reaching a judgement as to how much should be allowable for Fair Wear and Tear. Amongst other things they will consider:

The quality of the supplied item (and that varies greatly)
The condition at the start of the tenancy
The condition at the end of the tenancy
Any extenuating circumstances
It is important to realise that the Law does not allow for betterment. This means that a landlord can not expect to have old replaced with new at a tenant's expense. A Fair Wear and Tear allowance must be considered.

A tenant has a duty of care to return the property at the end of a tenancy in the same condition, Fair Wear and Tear excepted, as that recorded on the Inventory at the start of their tenancy.

Decorations have an accepted life expectancy. However, there may be circumstances where excessive wear and tear require a tenant to pay compensation or charges to make good, e.g. numerous nail or picture pin holes, torn wallpaper, gouges in walls/woodwork etc.

Charges for cleaning, making good etc are often apportioned to account for Fair Wear and Tear.

Example: A tenant renting a property and the inventory from the Check-in inspection notes that the carpet in the lounge had not been freshly cleaned and had a few spot marks. At the end of the tenancy, the Check-out report notes the carpet as soiled. In this scenario the landlord should not be entitled to full compensation for the carpet cleaning costs. A fair solution would be for the tenant to pay a percentage of the cleaning costs which would be calculated by a professional Inventory Clerk.

beetroot · 14/03/2006 13:55

Two makrs on carpets. I said, that it was his job to have them cleaned. Part of renting a property out. NO direct!

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CountessDracula · 14/03/2006 13:55

It also depends on the inventory when you moved in. Did they do a proper one where they noted any for eg marks on floor, walls etc? If not they don't have a leg to stand on

CountessDracula · 14/03/2006 13:55

It also depends on the inventory when you moved in. Did they do a proper one where they noted any for eg marks on floor, walls etc? If not they don't have a leg to stand on

beetroot · 14/03/2006 13:57

CD, very interesting. House was newly built.

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CountessDracula · 14/03/2006 13:58

Were you the first tenants?

beetroot · 14/03/2006 13:58

trouble is he not only has out deposit but an extra months rent that we paid by mistake adn siad he will not return any of it until he has had estiamtes done

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beetroot · 14/03/2006 13:58

yes

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muma3 · 14/03/2006 13:59

sorry to hijack but how did the move go beetroot? hope you are settling in ok Smile

muma3 · 14/03/2006 13:59

sorry to hijack but how did the move go beetroot? hope you are settling in ok Smile

beetroot · 14/03/2006 13:59

muma3 yes am f ine, in chaos, exhausted. dh has gone away for 3 weeks so alittle fragile too

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muma3 · 14/03/2006 14:00

ooppps sorry im so not with it today Blush

CountessDracula · 14/03/2006 14:00

\link{http://www.aiic.uk.com/HTML/Help_Fair_wear.htm\More detail here}

LIZS · 14/03/2006 14:01

cr*p ! fgs he gets tax relief to cover "wear and tear" and may well have lettings insurance too. Does he have proof that the property was immaculate when you took it over. Unless it was professionally cleaned and newly painted when you moved in you are under no obligation to do the same. He could, however, deduct for specific damages such as holes in carpet, gouges in the wall, breakages etc which are the result of an accident or carelessness.

CountessDracula · 14/03/2006 14:01

He CANNOT withhold the extra month's rent that you paid in error. Your deposit is your deposit.

CountessDracula · 14/03/2006 14:02

Did you rent from him or through agent?

LIZS · 14/03/2006 14:04

ah just seen you had it new so every little thing will show up Sad. If he expected it to be cleaned afterwards he should have stipulated that at the beiginning of the tenancy - have you checked your lease. Do you have keys still, can you go around with a magic sponge, touch up paint and carpet cleaner ?

beetroot · 14/03/2006 14:04

The agent found it for us but then he manged it.

No holes in carpets. Just need a clean.

HOw do I get my months money back??

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