A landlord asked me the question recently so here is my answer…
The House of Lords defines fair wear and tear as “Reasonable use of the premises by the Tenant and the ordinary operation of natural forces”
When is deterioration classified as damage? If something is broken then it is almost certainly damage and needs to be repaired or replaced. If the property is damaged or worn through natural use then it is fair wear and tear. If the property is damaged or worn through negligence then the tenant is liable.
Two points to remember here:
1. The tenant is paying rent for fair wear and tear. Don’t penalise a tenant for walking on the carpets!
2. If something needs to be replaced the landlord cannot demand betterment i.e. be in a better position than he/she was before. Asking for a deluxe model as a replacement for an aged standard model is not acceptable
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