Category rentals

There is no definitive description in law but examples of what could be considered fair wear and tear are:

• Fading and wear of a carpet
• Furniture marks on carpets
• Worn furnishings

Essentially any deterioration that is caused by normal, responsible use of the item during a tenancy.

Betterment and Apportionment

Even if some damage is deemed to be caused by the tenant and not due to fair wear and tear, a landlord is not entitled to an improvement (Betterment) of the original item and must apportion costs appropriately.

Example of Apportionment:

If an oven is left unclean and would cost £75 to clean, but the landlord chooses to replace the oven instead and this costs £500, the landlord can only claim £75 from the tenant.

If, however the oven is damaged and needs replacing, then the landlord is within their rights to replace the oven. Even then, though, the landlord cannot request that the tenant bears the full cost due to the wear and tear factor. If, for example the oven cost £500 and had an expected lifespan of 10 years, but, due to damage caused by the tenant, needed replacing after 3 years. In this case the oven would be expected to lose £50 per year in value and after 3 years would have lost £150. So, a landlord can claim for the residual value, which would be £350.

Fair Wear And Tear Summary

A tenant is responsible for looking after the condition of a property and its contents during the tenancy and if they do so, they cannot be penalised at the end of the tenancy for fair wear and tear which is to be expected. Fair wear and tear has to be catered for and a landlord cannot expect a tenant to put the property back to exactly the condition it was in when they moved in, unless the rental agreement specifically has a wear and tear exception clause.

Prior To The End Date

First and foremost, give you landlord or their agent notice that you do not intend to continue with the tenancy. Once notice has been given there is a lot to do to make sure that the hand back of the property goes as smoothly as possible.

• Clean the property thoroughly from top to bottom. Make sure all carpets are cleaned as well as any curtains. All cupboards should be emptied fully and cleaned internally. The oven and hob should be cleaned to a high standard. Make sure all shower screens are cleaned of any streaks and all sanitary wear is clean. If the landlord has provided white goods make sure these are also empty and clean. Cleaning is one of the main causes of dispute at the end of a tenancy so make sure that the property is sparkling.
• Remove rubbish from the property and do not leave the bins overflowing.
• Carry out any minor repairs such as filling holes caused by nails and screws, or any dinks and dents caused during the tenancy. If required re-paint the walls, bearing in mind that, even if you use the same colour, the old colour might have faded so patch painting might be very noticeable. Replace any broken lightbulbs as well and double check that any smoke or CO detectors are in working condition.
• Tidy up the garden, mow the lawn, remove dead leaves and make sure it is weeded.

On The End Date

On the date that your tenancy terminates, ensure that you have all your possessions removed ready for the check out inspection. During the check out inspection, the inspector will use the original inspection report to compare the initial condition of the property to the current condition, considering fair wear and tear. You will be asked to agree with the contents of the report and this will form the basis of deductions from the deposit if there are any.

During this check-out, final meter readings should be taken and the utility companies informed of the end of the tenancy and the final readings. You are responsible for settling the final utility bills.

Hand back the keys to the property to the landlord or their agents.

After The End Date

Your landlord or their agent will be in contact with you regarding the return of your deposit. If there are no deductions, then this is a straightforward process. If your landlord is proposing to withhold some of the deposit due to damage or for other reasons, you will need to agree this amount. If you do not agree with the amount or the reasons, then you can raise this with the tenancy deposit scheme’s dispute resolution service.

Notify everyone you need to that your address has changed. This will be institutions such as your bank, the electoral register, doctors and the children’s school, credit card companies, car and home insurance companies and all your on-line shopping accounts. It is also advisable to set up a mail re-direct to your new property as we often forget to notify at least one company that we have moved.