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Question Details: I am soon to move out of my leased property and I know my landlord is very meticulous. I am just concerned about the kind of things he may try to pull me up on as damage to the property that could also be considered wear and tear.
Filed under Tenancy | 3228 View(s)
Community Law Wellington & Hutt Valley
"Fair wear and tear", in the context of the Residential Tenancies Act 1986, means damage brought about either unintentionally or as a "normal incident" of a tenancy, in the fair or reasonable use of the premises, for the purposes for which the premises were leased. Your landlord cannot hold you liable for any damage caused by "fair wear and tear".
Examples of damage that have been considered fair wear and tear by the District Court include:
-a hole that had appeared in a previously well-used bench after three years of further use; and
-the patchy removal of paint from 12-15 year old aluminium joinery by cleaning.
What is considered "fair or reasonable use" may be changed by what your tenancy agreement states. For example, if your tenancy agreement specifically does not allow smoking, then damage caused by smoking, even if not intentional or careless, may still fall outside "fair wear and tear", because it would not be a "normal incident" of being a tenant in the property. A "normal incident" is something that happens naturally when you are using the house in the way you are allowed to as a tenant.
Your landlord is unable to require you to pay for the repairs of damage caused by "fair wear and tear". If you believe your landlord is doing this, then you should call Building and Housing on 0800 TENANCY or visit your local Community Law Centre for more information. If you still believe the landlord is requiring you to fix or pay for fair wear and tear, then you can make a claim to the Tenancy Tribunal.
You can find more information about the Tenancy Tribunal and how to make a claim by clicking here: www.dbh.govt.nz.
Answered 19 Dec 2012. The IMPORTANT NOTICE below is part of this answer.
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