One of the most common areas of dispute between landlords and tenants at the end of a lease is what constitutes fair wear and tear versus tenant damage. Understanding the difference is crucial for both parties to ensure a smooth final inspection and bond refund process.

What is Fair Wear and Tear?

Fair wear and tear refers to the natural deterioration of a property and its fixtures due to normal use over time. This does not include damage caused by negligence, misuse, or accidents. The Queensland Residential Tenancies and Rooming Accommodation Act outlines that tenants are not responsible for fair wear and tear, and landlords cannot claim the bond for issues that fall under this category.

Some examples of fair wear and tear include:

  • Fading or discolouration of paint due to sunlight exposure
  • Minor scuffs and marks on walls and doors
  • Worn carpets from normal foot traffic
  • Loose door handles or hinges that have worn out over time
  • Faded curtains or blinds due to sun exposure
  • Cracks in walls from building movement

What is Considered Tenant Damage?

Tenant damage, on the other hand, is caused by neglect, misuse, or accidental incidents. These issues typically require repair or replacement and can be grounds for deductions from the rental bond.

Examples of tenant damage include:

  • Stains, burns, or rips in carpets that weren’t there at the start of the tenancy
  • Holes in walls from hanging pictures or mounting TVs without approval
  • Broken windows or damaged doors
  • Water damage from unreported leaks or spills
  • Missing or damaged fittings such as curtain rods, door handles, or light fixtures

How to Avoid Disputes at the Final Inspection

To ensure a smooth final inspection, both tenants and landlords should take a proactive approach:

  1. Start with a Detailed Entry Condition Report
    • Tenants should not just rely on the property managers entry condition report, they should also thoroughly document the condition of the property at the start of the tenancy, including photos.
    • Property managers will then ensure the report is accurate and signed by both parties. If there are any concerns at this point then the property manager should arrange an inspection to discuss the items in question with the tenants.
  2. Regular Maintenance During the Tenancy
    • Tenants should report any issues early to avoid them worsening over time.
    • Landlords should address maintenance concerns promptly.
  3. End of Lease Preparation
    • Tenants should review their lease agreement and ensure they return the property in the same condition, allowing for fair wear and tear.
    • A professional clean can help avoid disputes over cleanliness, and if there are any areas missed then most professional cleaners will guarantee their work so they will return to the property to rectify the issue free of charge.
  4. Clear Communication
    • Property managers and tenants should openly discuss any concerns before the final inspection.
    • If disagreements arise, referring to the entry condition report and seeking guidance from the Residential Tenancies Authority (RTA) can help.

Final Thoughts

A tenancy final inspection doesn’t have to be a stressful experience. By understanding what constitutes fair wear and tear, keeping thorough records, and maintaining open communication, there’s no reason why a fair outcome can’t be reached. If disputes do arise, the RTA dispute resolution service can provide guidance and mediation to reach a resolution.

At Pam Court Realty, we ensure that both landlords and tenants are well-informed about their rights and responsibilities. If you have any questions about final inspections or tenancy agreements, feel free to reach out to our expert property management team!

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