3 Answers

Hi there!

If you feel that it is indeed fair wear and tear but that the landlord is being unfair to make you pay, you may want to consider lodging a case with Small Claims Court.

Bhavina Kaur | Propnex Realty
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Are there photos to proof such issues? you can go to small claims tribunal to file claim against the landlord if you feel that the deductions are not justified.

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My Answer with regards to your Question:

Determining what constitutes fair wear and tear versus tenant responsibility for repairs can sometimes be subjective. Here are some general guidelines to help you understand common scenarios:

Fair Wear and Tear:

Fair wear and tear refers to the natural deterioration of a property or its components over time, which occurs even with reasonable use and proper maintenance. It is the landlord's responsibility to bear the costs associated with fair wear and tear.

Tenant Responsibility:

Tenants are typically responsible for damages that go beyond normal wear and tear and result from negligence, misuse, or intentional actions. For example, if there is significant damage to a property or its fixtures due to the tenant's actions, they may be responsible for the cost of repairs.

Specific Issues:

In the case of the cooking hob and mirror, if these issues were not caused by misuse or negligence on your part, but rather they are part of the normal wear and tear of the property, it is generally the landlord's responsibility to address these concerns.

Move-In Condition:

If these issues were present when you initially moved in and were not reported by the landlord or agent at that time, it may be reasonable to argue that they were pre-existing conditions, and the responsibility for repairs should not fall on you.

Negotiation and Communication:

Engage in open communication with the landlord or agent. Share your perspective on the condition of the property and any pre-existing issues. Negotiate a reasonable solution that takes into account fair wear and tear.

Check the Tenancy Agreement:

Review the terms of your tenancy agreement. Some agreements may specify the responsibilities of tenants and landlords regarding repairs and maintenance. It can provide guidance on how to handle such situations.

Dispute Resolution:

If a resolution cannot be reached amicably, consider seeking assistance from a dispute resolution service or, if necessary, the relevant rental tribunal or authority in your jurisdiction.

It's important to document the condition of the property during both move-in and move-out inspections. Photographs and written records can serve as evidence if disputes arise.

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