Fair Wear & Tear vs Tenant Damage: Who Pays?
The Property Perspective is a weekly radio show on 919 FM, airing every Tuesday at 4:15 PM with Al and Lesedi on The Drive Train.
Episode 24 | The Property Perspective with Etchells & Young
Fair wear and tear is one of the most common areas of disagreement between landlords and tenants.
A landlord may see damage. A tenant may see normal deterioration from living in the property.
In Episode 24 of The Property Perspective on 919 FM, Harry explains how fair wear and tear is assessed, what tenants and landlords are responsible for, and why the cause of a problem matters before deciding who should pay.
In This Episode
Harry looks at the practical difference between normal deterioration, maintenance and tenant damage, using common rental property examples.
Harry discusses:
What fair wear and tear actually means
How the age and condition of an item affect responsibility
Why entry and exit inspections are so important
Examples involving carpets, tiles, drains and flooring
When tenants can become responsible for resultant damage
Why maintenance problems should be reported promptly
Why the first question should be "What caused it?"
Watch Episode 24
The Property Perspective airs weekly on 919 FM.
What Is Fair Wear and Tear?
Fair wear and tear is the deterioration that can reasonably be expected from normal use over time, including exposure to the elements.
That could include a carpet wearing down in high-traffic areas or exterior paint fading in the sun.
It does not mean that every broken, marked or damaged item can automatically be treated as fair wear and tear.
Age and Condition Matter
The age of the item, its expected lifespan and its condition when the tenant moved in all need to be considered.
A three-year-old carpet cannot be assessed in exactly the same way as a brand-new carpet.
If a tenant is responsible for damage to an older item, the landlord may also need to take its existing age and wear into account rather than expecting a full brand-new replacement at the tenant's expense.
Why Inspections Are So Important
Entry and exit inspections provide the evidence needed to establish the condition of the property before and after the lease.
Harry stresses the importance of taking photographs and keeping clear written records rather than relying on vague descriptions.
These inspections protect both landlords and tenants when there is later disagreement about whether damage was already present or occurred during the tenancy.
A Broken Tile Is Not Always Tenant Damage
One example discussed in the episode is a floor tile that breaks because it was poorly installed and had an air pocket underneath it.
Although the tile is physically broken, the cause may be defective workmanship rather than tenant misuse.
In a disputed case, the underlying cause needs to be investigated before responsibility can be assigned.
Who Pays for Blocked Drains and Other Maintenance?
There is no single answer that applies to every maintenance problem.
A blocked drain, for example, may be for the tenant's account if the blockage results from normal use or something put down the drain.
But if the problem is caused by defective plumbing, building rubble or another underlying fault, the position may be very different.
The nature and cause of the problem need to be established first.
Report Maintenance Problems Early
Tenants are living in the property and are usually the first people who will notice when something starts to go wrong.
A small maintenance problem can often be repaired quickly and inexpensively when it is reported early.
If it is ignored and causes further damage, the tenant may become responsible for that resultant damage.
Small Problems Can Become Expensive Problems
The episode uses deteriorating silicone around a kitchen sink as an example.
Replacing a small section of silicone may be a minor repair. But if water is allowed to continue leaking into a cupboard, it can eventually damage shelves and cabinetry and turn a simple repair into a much larger expense.
Prompt communication can prevent that escalation.
Landlord and Tenant Responsibilities
The landlord's property practitioner may act for the landlord, but that does not mean the tenant's position can simply be ignored.
A professional practitioner should consider the lease, the legislation, the evidence and the cause of the problem before advising how the matter should be handled.
In many cases, a fair and well-supported explanation can help prevent a maintenance dispute from escalating unnecessarily.
Three Things Landlords and Tenants Should Remember
First, understand your lease and know your maintenance responsibilities before a problem arises.
Second, complete proper entry and exit inspections and document the condition of the property with photographs and written records.
Third, report maintenance problems promptly. A small issue is far easier to deal with before it causes additional damage.
A Key Takeaway
Properties are lived in, so maintenance and normal deterioration are inevitable.
The important distinction is between fair wear and tear, genuine maintenance and damage caused by neglect, accident or misuse.
When something goes wrong, the first question should not simply be "Who pays?"
Start by asking what caused the problem. The answer will usually determine who is responsible.
What Is The Property Perspective?
The Property Perspective is Etchells & Young's weekly property segment on 919 FM.
Each episode explores a different aspect of property - from rentals and property management to buying, selling, legislation, sectional title living and the everyday questions property owners and tenants face.
Follow the series as we unpack more of the issues that matter to Johannesburg property owners, buyers, sellers, landlords and tenants.
Need Help Managing Your Rental Property?
Clear inspections, proper maintenance reporting and a well-managed lease can prevent many of the disputes that arise between landlords and tenants.
Speak to the Etchells & Young team about professional rental management and tenant placement across Johannesburg's northern suburbs.
