Some landlords have unrealistic expectations that their property will remain in exactly the same condition at the end of the lease as when tenants first move in.
The reality is though, that wear and tear on a rental property will occur over time. Landlords should expect a level of wear and tear on their rental property while it is being tenanted.
It is important to understand the difference between accidental damage and wear and tear. While tailored landlord insurance may cover claims for accidental damage, wear and tear is generally excluded and cannot be claimed.
Accidental damage is defined as being caused by a sudden and unexpected event. This might include spilling red wine on the carpet. In contrast, wear and tear accumulates over time.
An example might be carpets. Depending on the quality of the carpet, its life span could be five to seven years. This means that if a tenant has been in the property for a number of years, you can expect there to be signs of foot traffic and flattened or bare patches.
In insurance terms the carpet has not been damaged accidentally or maliciously, but may be in a reasonable condition given the tenant’s time in the property.
It’s like living in your own home – over time there will be signs you have lived there, but this wear and tear cannot be claimed on insurance.
One of the main reasons landlords confuse wear and tear for accidental damage is because after leasing their property they often don’t see it again until the end of the rental agreement. This is why it is important for your Property Manager to carry out regular inspections and advise you on the property’s upkeep.
Examples of accidental damage
- Spilling red wine on carpet
- Dent in the wall caused by tenant moving furniture
- Cracked floor tiles after a heavy saucepan is dropped
Examples of wear and tear
- Foot traffic marks on carpets
- Minor scuff marks on floor coverings or paintwork
Source: Terri Scheer – www.terrischeer.com.au
Hi there
Where can i find out more information about how to determine what is ‘wear-and-tear’ vs ‘accidental damage’.
My tenant has just move out leaving some damage to the apartment, which I believe is not -wear-and-tear’, he argues otherwise. I strognly believe that I am not being unrealistic, but would like to have a 3rd party opinion. Any advise on who I can approach to help me with that? Thank you. Elena
Hi Elena,
Thanks for your comment.
Do you have an agent who manages your property? If so, we recommend seeking their opinion. If not, the best thing for you to do would be to refer to the original condition report. This should outline the condition of the property before the tenant moved in and you can then compare it to the condition now. Consider each mark or damage and ask yourself the question “is this reasonable fair wear and tear or accidental damage”? It is common for people to have a different opinion about reasonable fair wear and tear however consider “has this mark or scratch occurred simply because the property has been lived in or does it look as though it has been damaged by accident or on purpose?”
Were photos taken before the tenant moved in? If so, it’d be good to refer to them as well.
If you can’t come to an agreement with the tenant, the only other option is to take the matter to the Consumer, Trader and Tenancy Tribunal and go through the conciliation process there.
I hope this helps.
If you have any further questions, please don’t hesitate to contact us.
Regards,
Vanessa
Thank you for your reply. Elena
hi, i’m about to face a conciliation process about a dispute over a small stain in the carpet that I apparantly caused during my 2and half year tenancy at a unit.the other room’s carpet had stains in when I moved in(on entry cond report) which i had removed at my own expense. the remainder of the unit is in immaculate condition, i never had complaints from the agents with inspections. they are claiming $360 for 3sq m with <2cm stain. Is this reasonable? where do i stand?
any input will be appreciated.
thanks
ali
Hi Ali,
Thanks for your comment.
The main thing that will be looked at during the conciliation process is the original ingoing condition report. The most black and white question would be “Was the stain there prior to the tenant moving in? If so, is it a result of fair wear and tear or did the tenant cause the damage?” In our prior experience with a situation like this, a stain on the carpet has been classified as damage and a tenant is required to fix it. However as fair wear and tear is always a grey area because each person perceives it differently, the outcome may be different in your case. When you reach the conciliation process the conciliator will look at the facts from both sides. It may be worth telling them exactly how the stain occurred and if you tried to clean it at the time.
Is the landlord claiming $360 for cleaning the carpet or for replacing that section of the carpet? If they pursue it, you should be able to get your own quote and hopefully find a cheaper one.
We’d be interested in hearing how the conciliation process goes.
I hope this helps.
Regards,
Vanessa
Hi VAnessa
thanks for that input. I am going into the conciliation process confident and hopeful that the conciliator will be fair. Thanks again.
ali
Hi,
What about an office chair leaving a faded area around the where the chair has been…think the top of the pile has come off?? Is that considered wear and tear?
Thanks.
Hi Cheryl,
Thanks for your comment.
In your situation, we’d suggest this is wear and tear. Simply because this sort of thing happens over time rather than happening instantly. Accidental damage generally comes from misuse of something or may happen instantly eg. someone breaking a knob on an oven.
We trust this helps.
Regards,
Vanessa
Hi all
the outcome of my conciliation process(carpet stain) was:they wanted $300 compensation for small carpet stain – I disputed the amount on the grounds that they did not inform me within 3working days of vacating the property of any claims…I was made aware of the claim 19days after moving out! Legally the agent/owner is obliged to inform you within 3working days of any claim…I agreed to $100 only.They accepted.Dispute resolved. Moral of the story: hand in notice on the vacate day, don’t trust sweet talk of agents to buy time (they’re not on your side), stand your man and don’t give in too easily….but more importantly: try and buy your own place!
Thanks for all the input.
cheers
ali
Hi, my questions is: eg. a knob has been broken off a oven. Yes, you would no doubt say that it is accidental damage, but do you take into account the age of the stove and the condition the knob was in? Another example, an old bathroom/shower with a sliding door, the door glass was bumped with a knee while existing and it has a hairline crack. Under normal circumstances, this shouldn’t of happened as this glass should be tempered. But, my opinion is that the bathroom is old and the glass is not as strong as it should be. Would the tenant have to replace the whole glass? Thanks
I have a glass shower screen that is fixed to the wall & fits flush to the top of the bath. It only opens & closes as far as the bath, so only opens inward. After a shower I leave it slightly ajar so mould doesn’t creep in on the seal. 2 days ago I went to close the shower door & it came off in my hands. I noticed that the pivot at the top appeared to be perished & has cracked in two hence the door falling off. My agency claim it is accidental damage, I dispute this as no force was placed upon the door, I wasn’t doing anything out of the ordinary & it didn’t occur as the result if me mis treating the door. Where do I stand? She wants a second opinion from their handyman & wanted to come in to the property whilst I was at work to show him. I have requested to be at the property too, which is tomorrow, so any reply would be appreciated! Thanks
Hi Kate,
Apologies for not replying sooner.
We would suggest that this is wear and tear as it would have deteriorated over time. Unless you placed significant force on the door, we wouldn’t consider this damage.
What was the outcome from the second opinion?
Regards,
Vanessa
Hi,
We have an agency managed rental property with a tenancy that recently ended. A final inspection revealed that we were not happy with the state of some fairly new carpet that was stained with dog urine and ultimately had to be replaced. We subsequently discovered that the agent regarded the staining as fair wear and tear and had in fact authorised refund of the tenant’s bond before we had carried out our final inspection and compared noted with the original condition report. We believ the agent was negligent in this regard and should be financially liable for the replacement of the carpet. They of course disagree. I guess the clear question revolves around an interpretation of whether dog urine staining on carpet is fair wear and tear?. Your opinion would be appreciated.
Hi, My rental property has hanging vertical blinds throughout the house, I have had them proffesionaly steam cleaned and have bough the top plastic hangers to re hang them all as the sun has damaged them over years. The problem is each time you open or close the blinds at least one blind falls off, is this fair wear and tear as they are cleaned and in working condition ? also there are tinted windows in the bedroom there is a 5cm scratch in the tint, I believe it was there before we moved in but its not on the condition report is this fair wear and tear? Thanks in advance for your advice !
Hi Rebecca,
Thanks for your comment.
In this case, our opinion is that it would be considered as fair wear and tear. Blinds especially are used constantly during tenancies and the problem you have mentioned is common for hanging vertical blinds. We suggest you mention it to your property manager as it is a repair the owner may consider.
I hope this helps.
Vanessa
Hi Wayne,
Thanks for your comment. Apologies for the delay in replying.
Did you approve the dog to live in the premises? If the stain was caused by the dog urinating on the carpet it would be considered as damage, not fair wear and tear. The tenant should have at least had the carpet steam cleaned.
I agree, the agent did not act in your best interest in this situation. They should have recognised that the dog caused the damage and insisted the tenant rectify it. With fairly new carpet, carpet companies can often match the carpet and just replace a small area.
Vanessa