Fair wear and tear south australia

In South Australia tenants are not responsible for paying for fair wear and tear to a property. It’s only when the tenant has been negligent or has intentionally caused damage to a property that they are liable to pay for repairs. So, what is ‘fair wear and tear ? Non-fair wear and tear is any damage caused by mistreatment or neglect, regardless of intention, for example broken windows, holes in walls and doors. In Australia , unless a contract states otherwise, tenants are not responsible for paying for fair wear and tear to a property. If the wear and tear is considered to be ‘fair’, the tenant will not be liable for the damage and it cannot be claimed on your landlord’s insurance.

Generally, you are not responsible for fair wear and tear. Sometimes it can be difficult proving which damage was from fair wear and tear and which was not. According to NSW Fair Trading , wear and tear means the normal deterioration of a property from ordinary, everyday use. Exposure to the elements, time, as well as day to day living can cause fair wear and tear.

Although real estate tenancy laws vary across each state and territory, the industry broadly accepts this definition. Repairing or replacing worn fittings and fixtures is the responsibility of the owner. Fair wear and tear is a cost of doing business that landlords should expect. Unless a contract states otherwise, tenants are not responsible for paying for fair wear and tear to a property.

Most leases provide for specific obligations on the tenant to repair and maintain the premises, including any damage that the tenant causes to the premises except to the extent of fair wear and tear. Landlords and tenants share the responsibility for repairs and maintenance in rental properties. When any maintenance or repairs are needed tenants must ask the landlord to fix the problem and can use a request for repairs (24 KB PDF) form. Minor scuff marks on walls, sun-fading of curtains and minor oil stains on a concrete driveway would all likely constitute fair wear and tear.

On the other han a large red wine or cordial stain on the carpet would probably be considered to be more than merely wear and tear, even though such a stain clearly could have happened in the course of fair use. What is ‘fair wear and tear’ depends on the facts of each case. Definition of ‘fair wear and tear’. Even if a tenant is clean, tidy, and respectful, the simple actions of daily life can take a toll on a property’s condition. This is what is known as ‘fair wear and tear.

Examples could include the toll on a carpet from people walking on top of it, or a cracked window pane due to warping in the frame. At the end of the tenancy fair wear and tear or damage may be an issue at your final bond inspection. As a tenant you are responsible for any negligent, irresponsible or intentional damage to the property. Landlords should expect fair wear and tear to their property, as would happen in any home that is being lived in.

One of the main reasons Landlords confuse wear and tear for accidental damage is because after leasing their property they often don’t see it again until the end of the rental agreement. At the end of a tenancy the tenant must return the property to the same condition it was in at the start of the tenancy. The maximum Rental Bond that can be charged in South Australia is the equivalent of 4-weeks rent. The Rental Bond must be lodged with Consumer and Business. Fair Wear works with brands and industry influencers to improve working conditions where your clothing is made.

Broadly, fair wear and tear is the normal and inevitable deterioration of a property. Factors such as exposure to the elements, deterioration over time and just day-to-day use can cause fair wear and tear. The fine line between fair wear and tear and damage is often hard to determine. Damage to toilet pans and hand basins which is not considered fair wear and tear. You won’t be charged for damage caused by age and reasonable use of the property, also known as fair wear and tear.

This table provides examples of fair wear and tear compared to damage. Bond refund or claim A tenant must pay the rent up to and including the day their termination notice period ends and they vacate the property. The Fair Work Ombudsman is committed to providing advice that you can rely on.

The information contained on this website is general in nature.