When it comes to renting a property, both tenants and owners need to understand the distinction between fair wear and tear and actual damage. This understanding plays a crucial role in determining who is responsible for repairs and maintenance costs. In this post, we will explore the difference between fair wear and tear and damage, particularly in the context of rental properties in WA, with reference to the Residential Tenancies Act WA (Western Australia).
1. Difference between Wear and Tear and Damage:
Wear and tear refers to the normal deterioration that occurs to a property over time due to regular, everyday use. It is the natural consequence of living in a property and does not result from tenant negligence or misuse. Examples of wear and tear include faded paint, minor scuffs on the walls, worn-out carpet, or slightly loose doorknobs.
On the other hand, damage refers to any harm caused to the property beyond normal wear and tear. This can include intentional or negligent acts by the tenant, such as broken windows, large holes in the walls, excessive stains on the carpet, or missing fixtures. Damage often requires repairs or replacements that go beyond routine maintenance.
2. Reasonable Wear and Tear on a Rental Property in WA:
Determining what constitutes reasonable wear and tear can vary depending on factors such as the property's age, quality, and the length of the tenancy. The Residential Tenancies Act of WA provides guidance on what is considered reasonable wear and tear. It defines fair wear and tear as the "reasonable use of the premises and the ordinary operation of natural forces."
In practical terms, reasonable wear and tear may include minor scuffs or marks on the walls, carpet discoloration due to regular foot traffic, or faded curtains from exposure to sunlight. It is important to note that owners cannot hold tenants responsible for normal wear and tear and should expect a certain degree of deterioration over time.
3. Cracked Tiles: Wear and Tear or Damage?
The classification of a cracked tile as either wear and tear or damage can be subjective. In some cases, a cracked tile may be considered wear and tear, especially if it resulted from natural settling of the property or age-related issues. However, if the tenant caused the crack due to mishandling or negligence, it could be classified as damage. The specific circumstances and the extent of the damage would need to be assessed to make a determination.
4. Examples of Not Fair Wear and Tear:
Certain situations clearly fall under the category of not fair wear and tear, making the tenant liable for repair costs. These may include intentional damage, excessive filth or stains, pet-related damages beyond normal wear, broken appliances due to misuse, or holes in walls caused by unauthorized fixtures. It is essential for owners and tenants to have a thorough inspection and documentation process at the beginning and end of the tenancy to identify any existing damages and prevent disputes.
Bottom Line:
Understanding the difference between fair wear and tear and damage is vital for both tenants and owners in rental properties. While wear and tear is an expected part of normal use, damage requires accountability. Engaging a Property Manager who understands the Residential Tenancies Act, the administering of the bond and, Local Court proceedings (if and when required), will assist in ensuring that repairs and maintenance responsibilities are fairly allocated.