LEGISLATION

Fair wear and tear

The gist of the legislation

The acceptable deterioration that occurs from a tenancy over time.

The important parts, at a glance

We’ve picked out the key parts of the legislation and made them as easy as possible to read and understand.

If you'd like to read the full legislation, click here >

1.

Fair wear and tear is defined as the deterioration of an item or area, due to its age and normal everyday use.

2.

Essentially, the tenant is responsible for restoring the premises to substantially the same condition as the property was in at the commencement of the residential tenancy agreement including negligent, irresponsible, or intentional actions that cause damage to the property. They are not responsible for rectifying fair wear and tear issues at the conclusion of their tenancy.

3.

When it comes to pets, there is no acceptable fair wear and tear. The tenant is responsible for any repairs or additional maintenance to the premises required as a consequence of keeping an animal at the property.

4.

A good property manager will make sure a tenant does everything possible to maintain the property including preventative cleaning and maintenance. Ongoing maintenance means minimal wear and tear so the property will be looking good for longer.

5.

Examples of fair wear and tear that can occur during a typical tenancy:  

  • High traffic areas of the carpet may have a visibly different texture and discolouration may have occurred.  
  • Blind chains may not work smoothly, the chain may catch as the blinds are pulled up or let down.
  • Windowsills, decks and pergolas may be discoloured and chipped from sun damage.
  • There may be minor dents, chips and scuff marks on the walls.

6.

Fair wear and tear can be ambiguous, however an experienced property manager will be able to make a fair assessment of what qualifies or not.

  1. Take your property managers advice on what they believe constitutes as fair wear and tear. An experienced property manager knows what ACAT will accept, which is ultimately the only decision that matters in the end.  
  2. Be reasonable with your expectations about what’s considered fair and work with the tenant. It’s not black and white and there are no hard and fast rules, we can ask the tenant to address issues that are not clear cut, and they can push back as well. Its give and take.    
  3. When a tenant has a maintenance issue during their tenancy, get onto as fast as you can. The quicker you address maintenance issues and help the tenant have a great experience in your property, the more likely they are to compromise when it comes to maintenance at the end of their tenancy.