The tenancy agreement confirms tenants must return the property in the same condition as the start of the tenancy. As general rule damage by a tenant must be negligence. If damage is made by a tenant by negligence, then you can claim. If it is malicious you can claim. They can make good the redecoration. However, they must consider the fair wear and tear.
RICS, ARLA, NAEA and Asset Skills have provided the following guidance. This gives the lifespan of items in a rented property for redecoration. This can help in determining what allowance to make for wear and tear. This guidance is also used by the DPS (Please see our previous article relating to Tenants Deposit Protection, click here) in the event of a dispute over the deductions:
Hall, landing, stairs – between 2 to 3 years
Living Rooms – approximately 4 years
Dining Rooms – approximately 6 years
Kitchen and bathrooms – between 2 to 3 years
Bedrooms – approximately 5 years
Budget carpet 3-5 years Medium quality 5-10 years
Top quality up to 20 years
Washing machine 3-5 years Cookers/ Ovens/ Hobs 4-6 years
Fridges 5-8 years
In their “Summary of the principles of dealing with Deposits, Disputes and Damages” leaflet, ARLA say:
- Minor damage to an item, a small to medium stain or mark on a carpet or mattress: £15-£35. A small to medium sized chip or mark, scratch or burn on a kitchen worktop: £5 – £25.
- In the case that these items need replacing in their entirety we will claim any cost. He may have to apportion the figures. They must show that the charges are reasonable.
It is important to fill in any holes in the walls. They must then redecorate the whole room not just one wall. They must fix or replace any broken items. If any rooms have been painted a different colour, they must be repainted the original colour.
This only relates to any breach of the tenancy agreement. The terms and conditions include the charges applicable.