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Fair Wear & Tear: Most Misunderstood Area Of Buy To Let

Pat Barber of the AIIC comments

Fair wear and tear is the most misunderstood area of the whole renting process and agents and landlords still have unrealistic expectations centred on the deductions that can and cannot be made from the tenant deposit, according to the Association of Independent Inventory Clerks (AIIC).

It is a commonly held view in the lettings industry that the House of Lords has stated that a tenant cannot be held responsible for damage at the end of a tenancy caused by 'reasonable use of the premises and the ordinary operation of natural forces'. However, while the precise source for this quote is unknown, it is a general guideline that has been accepted across the industry.

Recent figures from the Tenancy Deposit Scheme annual survey reveal that cleaning related issues make up 56% of all disputes. Damage to property accounts for 43%, redecoration 30%, rent arrears 17% and gardening issues 13%.

It seems that 55% of all disputes are raised by tenants unhappy about the proposed deductions from their deposit and of these only 21% received all their deposit back. In contrast, 45% of disputes were raised by landlords and agents and of these, only 19% received the amount in dispute.

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