wear and tear
📖 What is wear and tear? Meaning and definition
In New Zealand tenancy law, 'fair wear and tear' is an important concept that distinguishes between damage caused by a tenant and the natural aging or degradation of a property. Landlords are expected to account for this normal deterioration as part of owning and maintaining a rental property. It is understood that a property will not remain in pristine condition throughout a tenancy, and some level of wear is an expected part of the business of being a landlord.
When a tenancy ends, a tenant is generally required to leave the premises reasonably clean and tidy, but this standard allows for fair wear and tear. This means the property doesn't necessarily need to be ready for immediate occupation by a new tenant without any landlord intervention. Landlords often undertake cleaning and maintenance work between tenancies, which includes addressing issues that fall under fair wear and tear.
For a landlord to claim compensation for damage, they must prove that the damage occurred during the tenancy and is more than fair wear and tear. If this is established, the tenant can avoid liability by proving they did not carelessly or intentionally cause or permit the damage. Tenants are also responsible for damage caused by people they allow onto the premises. Damage is considered intentional if a person intended to cause it or allowed a situation to continue knowing damage would result.
📋 Requirements
- Damage must have occurred during the tenancy.
- The damage must be more than fair wear and tear.
- If the landlord proves the above, the tenant must prove they did not carelessly or intentionally cause or permit the damage to avoid liability.
📝 Procedure
- Landlord identifies damage at the premises.
- Landlord gathers evidence, such as photos from the start and end of the tenancy, and inspection reports.
- Landlord must prove the damage occurred during the tenancy and exceeds fair wear and tear.
- If proven, the tenant may present evidence to show the damage was not caused carelessly or intentionally by them or their guests.
💡 Examples
- Minor scuffs on a wall from furniture being moved over several years would likely be considered fair wear and tear, rather than damage the tenant is liable for.
- Fading of curtains due to sunlight exposure over a long tenancy is an example of fair wear and tear, not damage caused by the tenant.
- If a tenant leaves a large number of items and rubbish behind, and there are clear visible marks on walls beyond normal aging, this would likely be considered more than fair wear and tear.
- A landlord claiming for flooring damage must show it's beyond normal wear and tear for the tenant to be held responsible.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What is the difference between 'damage' and 'fair wear and tear'?
Damage refers to harm to the property that is beyond the normal deterioration expected from everyday use, while fair wear and tear is the natural aging and degradation of the property over time. Tenants are generally liable for damage, but not for fair wear and tear.
Who decides what counts as fair wear and tear?
The determination of what constitutes fair wear and tear versus damage is an objective test, not based on the subjective opinion of either the landlord or the tenant. In disputes, the Tenancy Tribunal makes this decision based on evidence.
Are tenants responsible for all cleaning at the end of a tenancy?
Tenants are obligated to leave the premises reasonably clean and tidy, but this standard allows for fair wear and tear. It does not mean the property must be perfectly ready for a new tenant without any landlord cleaning or maintenance.
What kind of evidence do landlords need to prove damage?
Landlords typically need photographic evidence from the start and end of the tenancy, along with inspection reports, to demonstrate that damage occurred during the tenancy and is more than fair wear and tear.
What if I accidentally caused damage?
If damage is caused carelessly, the tenant may still be liable. To avoid liability, the tenant must prove they did not carelessly or intentionally cause or permit the damage.
Does fair wear and tear apply to items like carpets and paint?
Yes, items like carpets and paint have a natural lifespan and will show signs of aging and use over time. The extent of this wear, considering the age and condition of the items at the start of the tenancy, will determine if it falls under fair wear and tear.