The definition of "Fair Wear and Tear" is an important one because it often causes conflict between Landlords and Tenants.
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 peeling on window frames
- paint that has faded in the ordinary course,
- External doors being exposed to elements
- 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,
- a key rusting in a lock, due to being left in an outside door and exposed to rain,
- paint discoloured as a result of cigarette or candle smoke,
- carpets discoloured due to pets or stains and
- kitchen counters scratched due to cutting.
Please read our blog article for more interesting information https://mrisoftware.tpn.co.za/blog/what-is-fair-wear-and-tear/