Understanding Wear & Tear in Properties: Who Is Responsible?

When renting out an older property, disputes often arise around what counts as normal wear and tear versus damage, and who – the tenant or the landlord – should carry the cost of repairs. Clear understanding helps prevent conflict and ensures a fair relationship.

What Is Wear & Tear?

Wear and tear refers to the natural and gradual deterioration of a property that happens through normal everyday use.

It is not caused by neglect or abuse, but rather by the passage of time.

Examples include:

• Faded paint or minor scuff marks on walls
• Worn carpets or tiles from regular walking
• Loose door handles after many years of use
• Small cracks in plaster due to settling of the building
• Rust on older taps or fittings

What Is Damage?

Damage is harm to the property that goes beyond reasonable use and is usually the result of negligence, carelessness, or misuse.

Examples include:

• Holes in walls from nails or shelving not removed properly
• Broken windows or doors
• Burn marks on carpets or counters
• Water damage due to neglect (e.g., failing to report leaks)
• Stains from pets or smoking indoors

Accidents vs Wear & Tear

A common argument from tenants is: “It was an accident, I didn’t do it on purpose.”

While the intention may not have been malicious, accidental damage still counts as negligence.

👉 Rule:

Wear and tear = gradual deterioration over time (landlord’s expense).

Accidents = sudden damage caused by the tenant’s actions, even unintentionally (tenant’s expense).

Examples:

• A glass of wine spilled on a carpet leaving a permanent stain → tenant pays.
• A door kicked shut too hard and the handle breaks → tenant pays.
• A cracked window from children playing indoors → tenant pays.
• Wear and tear does not cover accidents that happen at the tenant’s hands.

Tenant Responsibilities

Tenants are responsible for:

• Keeping the property clean and tidy
• Reporting maintenance issues (e.g., leaks, faulty geysers) promptly
• Avoiding deliberate or negligent damage
• Repairing or paying for any damage caused by them, their visitors, or their pets
• Returning the property in the same condition as received, excluding fair wear and tear
• In older properties, tenants are not expected to fix long-term issues caused by age (e.g., cracked tiles from 20 years of use).

Landlord Responsibilities

Landlords remain responsible for:

• Structural repairs (e.g., roof leaks, foundation cracks)
• Replacing or repairing fixtures that have failed due to age (e.g., old geysers, wiring, plumbing)
• General upkeep that ensures the property remains habitable and compliant with legal safety standards
• Accepting fair wear and tear as part of the rental business
• In an old property, landlords should expect higher levels of wear, such as faded paint or dated fixtures, and cannot fairly hold tenants liable for these.

Water Pipes, Taps, and Leaks in Older Properties

In properties older than 10 years, plumbing systems are often under greater strain. Corrosion, worn washers, and outdated installations can cause frequent issues. Here’s how responsibility is usually divided:

Landlord’s Responsibility

• Old/aging pipes: When leaks occur because pipes are corroded, cracked, or simply reached the end of their lifespan.
• Persistent tap leaks caused by old, worn-out mechanisms that no longer seal properly.
• Blocked or collapsed pipes due to tree roots or natural deterioration.
• Ensuring that the plumbing system is functional, safe, and compliant with building standards.

💡 Example: A pipe bursts inside a wall due to age-related corrosion. The landlord must repair the pipe and restore the wall.

Tenant’s Responsibility

• Minor maintenance such as replacing a tap washer if it wears out during their tenancy (unless the whole tap fitting is defective due to age).
• Timely reporting: Tenants must immediately report leaks, damp spots, or dripping taps. Failing to do so may result in them being held liable for secondary damage (e.g., swollen cupboards, water-damaged floors).
• Damage from negligence: If a tenant ignores a leaking pipe or attempts a DIY repair that makes the problem worse, they may be charged for the resulting damage.

💡 Example: A tap is dripping lightly. If the tenant ignores it and water damage occurs to wooden cabinets below, the tenant could be responsible for the cabinet damage because they failed to report the issue.

Grey Areas to Consider

Old properties with ongoing plumbing problems: Landlords must accept that recurring leaks are part of owning an older property.

Normal wear vs misuse: If a tenant constantly forces a tap open/closed until it breaks, that is damage (tenant pays). If the tap simply leaks from old age, it is wear and tear (landlord pays).

✅ Rule of Thumb:

If it’s age-related deterioration (pipes or taps worn out due to years of use) → Landlord pays.

If it’s misuse, accidents, or negligence → Tenant pays.

If it’s minor wear (e.g., washer replacement) → Often the tenant pays, unless the whole tap fitting is defective.

Grey Areas in Old Properties

With age, properties naturally require more maintenance. Some common grey areas include:

• Carpets: Fraying edges in an old carpet = landlord’s responsibility. A large red wine stain = tenant’s responsibility.
• Walls: Slight fading or nail holes from hanging pictures = wear and tear. A wall painted bright red without permission = tenant’s cost to restore.
• Appliances: If an old oven stops working due to age = landlord’s duty to replace. If it breaks because it was misused = tenant’s cost.

Best Practices for Both Parties

• Inspection Reports: Always conduct ingoing and outgoing inspections with photos.
• Open Communication: Tenants should report issues quickly; landlords should respond promptly.
• Clear Lease Agreements: Define responsibilities upfront to avoid disputes.

Conclusion

In older properties, fairness and balance are key.

Tenants must take care of the property and fix damage they cause — even if it was accidental.

Landlords must accept wear and tear as part of renting out an older home, especially with plumbing and aging fixtures.

By distinguishing between age-related deterioration, accidents, and avoidable damage, both parties can maintain a healthy rental relationship.