Distinguishing Between Damage And Fair Wear And Tear
With life moving at a faster pace than ever before we need to be abreast of all the various legislations that affect the rental property we are entrusted to manage.
Unfortunately, accidents happen and that is why we have Home /Landlord/ Contents insurance. Then there is the subject of Fair Wear & Tear, a contentious issue at the best of times and can result in a court case at the worst of times, avoiding this with clear guidelines is the optimum outcome but not always achievable.
At First National Property Solutions we endeavor to keep conflict at a minimum with a clear education on many subjects, but we have seen a few more in relation To Wear & Tear. We hope this short article will help clear up some misconceptions for the future.
As we say, every case is evaluated one on one and with this guideline in mind.
Has there been damage to the rental property and is the renter responsible?
When determining a dispute about damage or fair wear and tear to rented premises, the key considerations are outlined below. These considerations also apply to rooming houses, caravan parks and residential parks.
Depreciation of fixtures and fittings in rental properties
Whether the renter is required the RRP for damage will depend on the age of the property and its fittings or fixtures and whether the damage occurred as a result of reasonable use. Fittings and fixtures deteriorate over time. Normal living in a property causes a decline in the standard of that property. The RRP is not entitled to compensation merely because things wear out.
QCAT must consider the depreciation scale in the Guide, when determining compensation payable by a renter for the damaged part of the rented premises. The Guide is a useful resource in determining the expected life span of items. A renter who has been in a property for 8 years, for example, could not be expected to pay for the replacement of carpet at the end of the tenancy given carpet is considered to have an 8-year life span.
Examples
Below are some examples of what may be considered normal fair wear and tear as compared to damage:
Pet Related Fair Wear And Tear
New laws on pets and renting came into effect on 1st October 2021. Prior to this, there were no laws directly covering pets and renting and renting in Queensland. From 1st October 2021, if a renter wishes to keep a pet at rented premises, they should provide the RRP with a completed pet request form for each pet. The new laws do not apply to pets that were already present in the rented premises before 1st October 2022. These laws apply to rented premises only.
In circumstances where a renter has a pet(s) that was either present in the property prior 1st October 2022 or where the RRP has consented to the renter keeping a pet(s), any issues at the rented premises caused by the pet(s) should be considered on a case by case basis, in accordance with this guideline.
Below are some examples of what may be considered normal fair wear and tear as compared to damage in relation to pets:
by Dot Hamilton
Director of Property Management | 0412 455 808First National Property Solutions
Ph: 07 5559 9600
