Landlord and Tenant Disputes Over Deposits and Fair Wear and Tear
As landlord and tenant solicitors, we advise professional and accidental landlords as well as tenants. We therefore get to hear both sides of deposit disputes and arguments over the definition of fair wear and tear to rental properties and items provided by the landlord as part of the tenancy agreement.
In this article, our Landlord and Tenant Solicitors look at the concept of fair wear and tear and how it applies to deposit disputes.
Online and London Landlord and Tenant Solicitors
For landlord and tenant legal advice call the experts at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
The rise in fair wear and tear disputes
The cost-of-living crisis is hitting landlords and tenants. In the past, a landlord may have been willing to stand the cost of sorting out damage to a carpet or a hole in the plasterboard at the end of a tenancy agreement. Nowadays, with profits down, landlords are keener to retain deposits at the end of a tenancy agreement to help pay for repairs and damage.
Tenants used to think that some percentage of their deposit would always be held back at the end of a tenancy agreement and they would just let it go so they could get on with their lives. With the cost of renting in London going up so much tenants are just as cost-conscious as their landlords. They want to argue for the full return of their deposit at the end of the tenancy agreement, leading to more inquiries about deposit disputes.
The definition of fair wear and tear
Some of us are clumsier than others. Pets and children can be ill on cream carpets. Parties and red wine are never a good idea.
Fair wear and tear is not:
- A license for a tenant to wreck their rental place with impunity
- An excuse for a landlord to get a new for old and to replace carpet or furnishings or to redecorate at the expense of a departing tenant through retaining and using the tenant’s deposit because the rental property is not, in the opinion of the landlord, in the same condition that it was when the tenant first signed the tenancy agreement
Landlords are not entitled to end up financially better off than they were at the start of the tenancy agreement but equally, the deposit scheme is meant to offer some protection to both tenants and landlords.
The definition of fair wear and tear
Most household items or property fixtures and fittings do not last forever, whether a landlord bought items cheaply or put in the best quality hoping to attract a careful tenant. That is why we have the definition of fair wear and tear.
A tenant is only liable for damage if the damage goes beyond normal wear and tear. This means the damage or deterioration to the property or item in the property must be down to non-normal or unreasonable use for the tenant to be responsible for the replacement cost or a proportion of it.
Assessing fair wear and tear
Assessing fair wear and tear involves looking at the length of the tenancy agreement and the tenant’s situation as well as examining and considering the damage to the property or to fixtures and fittings.
You therefore need to look at:
- The extent of the damage or deterioration to the property or to a specific item
- The condition of the property or item at the time the tenancy agreement was entered into
- The quality of the item and its life span. You need to be realistic and accept that whilst some washing machines can last 20 years most will not do so
- The usage – if the item was in a large rental property, it may have been more heavily used than in a 1-bed flat. A landlord cannot claim the full cost of replacing a heavily used item nearing the end of its working life
Apportionment
One way to resolve landlord and tenant deposit disputes over damage to property or to items at the property is to agree to apportion the costs of replacement or repair so the landlord pays something towards the cost of repairs or replacing items and the tenant the balance. The amounts will vary in every case as you would expect lots of wear and tear renting to a family of 6 over a 5-year period but minimal damage renting to 1 person for 6 months.
Resolving deposit disputes
Resolving fair wear and tear claims and deposit disputes is a lot easier when a landlord and tenant have:
- A signed tenancy agreement
- A signed agreed inventory sorted out at the outset of the tenancy agreement, preferably including video and photos of the property and items
- Property inspections have taken place in accordance with the tenancy agreement and the tenant has been told if there are issues of concern. If there are issues at the time of an inspection then photos need to be taken
- A check is undertaken at the end of the tenancy agreement with photos and video if there are concerns that repairs or damage go beyond reasonable wear and tear
- The landlord and tenant have kept copies of communications. For example, if a carpet is damaged the tenant may be able to show the damage was down to a leak that they asked the landlord to fix. The landlord needs to keep evidence of repairs so they can show that the damage to the carpet occurred after the leak was fixed based on the plumber’s invoice and the photos taken of the room on the 6-month inspection date
- The landlord keeps evidence of items and their original cost. For example, the receipt for the carpet shows that the carpet was new 6 months before the start of the tenancy agreement
At OTS Solicitors our Landlord and Tenant Solicitors look at the best way to resolve a deposit dispute as efficiently and as swiftly as possible.
How OTS Solicitors can help you
At OTS Solicitors our landlord and tenant lawyers can help you with:
- Landlord and tenant disputes
- Deposit and disrepair disputes
- Section 8 notices for rent arrears
- Section 21 notices
- Possession proceedings
- Eviction orders
- Harassment claims by tenants
- Tenancy agreement advice so you understand your landlord and tenant obligations
- Advice on fixed-term and rolling tenancies
Online and London Landlord and Tenant Solicitors
For landlord and tenant legal advice call the experts at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
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