The definition of "Fair Wear and Tear" is an important
one because it often causes conflict between Landlords and Tenants.
It is precisely for this reason that Clause 17 of the Lease
Agreement has been so carefully and specifically drafted. Currently there is no
legislative definition of "Fair Wear and Tear", but generally it is
deemed to be damage that occurs due to the ordinary use of the
premises by a Tenant over the passage of time or the ordinary operation of
natural elements.
Some examples of "Fair Wear and Tear" would be the
following:
- old, warped window frames,
- paint that has faded in the ordinary
course,
- plaster that has cracked as a building settles and
- carpets worn as the
result of being walked on.
Conversely, the following would constitute damage due to negligence and would be for the tenant's account:
- windows damaged as a result of being slammed,
- walls damaged due to nails or screws,
- paint discoloured as a result of cigarette or candle smoke,
- carpets discoloured due to pets or stains and
- kitchen counters scratched due to cutting.
It is important that the definition of "Fair Wear and Tear", together with the provisions of Clause 17 are carefully explained to Tenants so that they are fully aware of their obligations insofar as the maintenance of the property is concerned.Please read our blog article for more interesting information https://mrisoftware.tpn.co.za/blog/what-is-fair-wear-and-tear/