Recent figures from the Tenancy Deposit Scheme annual survey reveal that redecoration issues make up 30% of all disputes behind cleaning (56%) and damage to property (43%).
The main issue with interior décor is that agents and landlords have a very different view on fair wear and tear, compared with tenants. For example, agents and landlords frequently expect to have a property repainted at the tenant’s cost, following a three or four year tenancy. If the landlord had lived in the property, they would have caused a certain amount of markings on the walls.
Pat Barber, Chair of the AIIC comments: “As in all things, common sense must prevail. On emulsioned walls, agents and landlords must look at the location of the wall and the length and type of tenancy.
A few light scuffs after six months is definitely wear and tear. However, heavy markings, scrapes, several additional screw holes during the same length of time, will be classed as tenant damage. The longer the tenancy, the more allowance must be made for wear and tear.
The quality of paint on the walls has a big influence on how well they will wear. For example, a new build, will generally only be painted with a thin coat, which will wear much faster. A landlord may cut corners and water down emulsion to make it go further, or use a good quality paint, for the rented property in the knowledge that the interior décor will be slower to show wear and tear.
If a tenant paints the property with a non-neutral colour, without the landlord’s permission, then the cost of repainting can be charged to the tenant. The same applies if a tenant has allowed a sofa or other piece if furniture to continually rub against the wall causing chipping and heavy rub lines.
Other items not classed as wear and tear are nail holes, screw holes, blue tack marks, sellotape, additional cabling fitted either with cable clips, or from a drilled hole through the wall. Grease marks and excessively grubby areas would not be classed as wear and tear.
If a tenant has moved into an unfurnished rented property and used a bed without a headboard, for example, there will undoubtedly be a large discoloured area to the wall found at the time of check-out. This is a tenant issue.
When it comes to wallpaper, some discolouration will happen over time and glued seams will slowly become loose and need re-fixing occasionally. Not all wallpaper is of the same quality and as in all things, quality matters. Cheap wallpaper will tear and rub more easily than expensive wallpaper.
With daily use, a few minor nicks to the surface of the paper is inevitable, as is a few light scuffs, especially in a heavy use area such as halls and stairways. Some landlords decorate bathrooms and kitchens with wallpaper and very quickly, due to the humid conditions of these rooms, the paper will start to peel of the walls. Discolouring due to heavy smoking is never wear and tear.
Tears to seams, or any other part of the wallpaper, is classed as damage, as are heavy rubs which remove areas of paper. Children have a tendency to pick at wallpaper seams and a large bare area will appear, as if by magic. In fact, children and pets can cause untold damage. Think of cats and dogs scratching at walls – and every other part of the property. Children love to draw and will crayon on every available surface including walls, flooring, doors.
As with emulsioned walls, any heavy markings made during tenancies less than around 3 years would not be classed as normal wear and tear. Also, with painted walls, any screw holes, blue tack marks, nails, pins, picture hooks, additional fittings (without permission), candle smoke or picture markings would not be classed as wear and tear.
To clear up any confusion between landlords, agents and tenants, the property’s condition should be fully recorded through a comprehensive inventory at the start of any new tenancy, and a thorough check-in and check-out report should be completed.
Members of the AIIC are experts in assessing fair wear and tear and have the knowledge and experience to take into account all factors, and make a reasonable judgement as to whether something is fair wear and tear or not.”
