A prominent industry supplier says greater clarity over what constitutes fair Wear and Tear would slash the number of end-of-tenancy disputes.
The Association of Independent Inventory Clerks says landlords who are unable to distinguish between fair wear and tear and genuine damage are likely to raise disputes; often they may have no record of their home pre-tenancy, which makes it more likely they will lose disputes, even if their case is justified.
Damage caused by negligence does not fall under Wear and Tear but items, fittings, or fixtures that have been worn through natural use would be classified this year.
And when this is assessed, average useful lifespan of the item, expected usage of such an item, who is renting the home and the length of the tenancy are all considered.
Daniel Evans, chair of the AIIC, explains: “Landlords and tenants must educate themselves on the differences between fair wear and tear and damage. Disputes that confuse the two cause unnecessary hassle among all parties involved.”
“The criteria for deposit deduction must be properly understood before raising any disputes. The underlining rule is that deposits cannot be kept for damage caused by fair wear and tear.”
“This criteria ultimately seeks to protect and prevent the landlord from ending up in a better position than they would otherwise have been. We encourage tenants to familiarise themselves with wear and tear and report any damage they find right away. We also recommend landlords to make sure every tenancy agreement is accompanied by a professional inventory.”
The AIIC is adamant that relying on inventory clerks trained to understand fair Wear and Tear can protect tenants and landlords and reduce unnecessary disputes.
Mydeposits reports that in 2021 rental deposit disputes between landlords and tenants amounted to a costly £27m - an average of £1,005 per tenancy.
Evans insists that money wasted due to unnecessary disputes could be reduced if better understanding of fair Wear and Tear existed.
Evans continues: “Inventories are the only viable source of protection for all parties when determining if the damage is beyond fair wear and tear. These allow the issue to be easily identifiable among landlords and adjudicators. We recognise that deposit disputes cannot be prevented altogether but if issues arise, the only way to ensure the right amount of money from the deposit is received is by relying on an inventory.”
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I've often wondered how it would work if we "sold" the contents to the tenants, with the agreed payment postponed until the end of the tenancy. If everything is returned in the appropriate condition, then no payment needs to be made by the tenants.
Necessary replacements of small items would be made by tenants as required and larger things like washing machines, cookers etc. could be replaced on a mutually agreed basis which probably means good tenants being well treated and bad tenants faced with additional expense which might lead to their earlier departure!
This would give tenants a taste of the responsibilities faced by owner occupiers and perhaps encourage them to take better care of their "own" goods?
Interesting idea.
I've got one property that is supposed to be unfurnished. When removals were difficult during the first lockdown I agreed to tenants leaving all their furniture and then gave it to the next tenants. When they left I binned some but kept the white goods, which I then gave to the next tenants. I've given away the same washing machine 4 times now.
The " mutually agreed " part is where it would all fall down !
In that case, given that the contents actually belonged to the tenants, no replacement would be bought by me. This would be spelled out in the tenancy agreement.
Have finally got rid of some abysmal tenants,who have walked off with fridge/freezer, washer/dryer and dishwasher - is there any point reporting to police?
I think it might be a good idea to report it to the police.
The police might, at least, make them return what they have taken.
I agree, and challenge any claim by police this is a civil matter.
However you need to consider how "criminal" they are and if your safety is at risk of you take matters further.
Perhaps raise a ccj and trash their credit rating might be a better tactic as they probably won't care about their credit rating until they discover they need some time over the next six years?
I’ve had this, problem you will have is. Do you have the serial numbers on the appliances on the inventory? Police caught tenant with ‘my cooker’ but was insisted it was same 15 yr old model that she (typical dss single mother loads of kids) happened to come across at the market. I didn’t have the serial number couldn’t claim it
I have a number of experiences of dealing with tenant issues with the Police, feel free to contact me if you wish.
Theft is a totally different subject to deliberate Criminal Damage and an area where the Police find it more difficult not to act.
Even though, I've had experience of that and how I turned that around.
Is it only me!
When tenants give me notice i find that they do not pay the last month's rent and instead sign over the deposit to me.
I accept fair wear and tear and normally paint the house and fix any issues ready for the new tenants but also in order to get top dollar when I re-let.
Evicted tenants, there is no chance that the deposit covers my costs and there is not point going after these people as they will do all they can to not pay!
There is little chance of getting money out of tenants that leave owing money, but a CCJ is a nice little parting gift, dead easy and cheap to do, personally I think it worth it
I give them the bare minimum, carpets and a cooker, no fridge and no washing machine, I have however supplied a dehumidifier in the past when they have had condensation problems had some of them stolen , best to add a bit on the rent to cover problems at tenancy end that way we already have the money in our bank accounts
I always let unfurnished
Not worth the cost or hassle furnished
I have had several tenants taking the cooker, washing machine etc. Police always say “civil matter”. Last tenant, after owing 8 month’s rent, trashed the apartment and took all the light fittings, leaving bare wires. “Civil matter”.
How can theft ever be a civil matter - this is the sort of thing that makes me wonder if there is any point in going to the police.
I would ALWAYS go to the Police and challenge how theft can be a civil matter.
Chief Constables love to boast about falling crimes figures but that's because they don't record many crimes. I always insist on getting a crime number so I know it's recorded in the statistics.
From now on I am going to add a clause that any missing large items not reported on leaving will be regarded as theft and criminal proceedings may follow if not replaced by equivalent or new items or full payment made for replacement.
With the Scottish Government Model Tenancy Agreement running to over 70 pages there's plenty of room to add such clauses.
Thanx Ellie and Robert - some of tenants' chums may be a bit 'heavy' so think will go down the CCJ route - but 'managing agent' has been totally useless,now they won't be getting their cut of the rent each month and even then were pretty hopeless,lots of 'I'll get back to you' and 'I'll keep you in touch' only for us to have to chase them up every time; and their negligence in not getting the rent book signed lead to a 2 year delay in eviction and £6k of legal costs (half of which the tenants' costs). So next battle is getting these back from agent,but unresolved disputes referred to Ombudsman according to T&Cs....
I'm not sure the Ombudsman clause prevents you from taking legal action if the Ombudsman is as useless as the Financial Ombudsman?
Quite,Robert - I would much prefer the small claims court route
To be honest I have always & ever giving them everything fully furnished / dining room table and chairs, 3 piece suites, coffees tables, some have displayed unity, new beds, wardrobe, dressers. bedside units completely and to include all white goods, fridges freezers, washing machines, driers, microwaves, + obviously all cooking facilities many have Range cookers doubled overs with 8 top gas burners hobs, the extractor hood alone is £500, in addition to the cooker because HMO’s required me to have extra cooking facilities and don’t forget the 2 kitchen sinks in same kitchen. I have lost a few Henry Vacuum units when moving out I usually let it go but used to be £75. but now there £120. I don’t have Deposits or Inventories since all the crap started.
Shelter give us back our 10% wear & tear that you took away in 2007 you supply nothing do you.
Hi all,
For anyone who wants a better understanding of Fair Wear & Tear, the NRLA in association with TDS are holding a webinar on 21st September between 1-2pm.
nrla.org.uk/events/meetings/5124
You can enrol as a guest member to gain access if you aren't aready a full member.
Instead of amateurs trying to emulate David Attenborough in webinars, I would much prefer to download something written, to retain for future reference, but then my generation learned to read and write!
I agree with Robert and am of a similar generation, although not as well educated as Robert, give it to me in writing, I'll read it, read it again, and then file it away for future reference
NRLA ! A joke !
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