Yes – you may be entitled to compensation for damage to the wall. However, before claiming compensation you should consider the following:
- fair wear and tear
- life expectancy of decorations
- Betterment
fair wear and tear
The House of Lords defined fair wear and tear as “Reasonable use of the premises by the Tenant and the ordinary operation of natural forces“. The tenant is entitled to fair wear and tear but what is considered ‘reasonable use of the premises’ is dependent on the following:
1. the length of the tenancy – the longer the tenancy the more natural wear
2. the number and ages of the tenants – the more tenants the more natural wear and the prescence of children may further increase the natural wear
3. the condition and age of the item or items at the start of the tenancy – low quality items or workmanship will wear quicker
4. the expected useful lifespan of the item or items and the expected appropriate use of such item or items
5. whether any work or repairs were carried out during the tenancy
{Source: The Guide to Best Practice for Inventory Providers published by the Association of Residential Letting Agents (ARLA)}
Life Expectancy of Decorations
Decorations have a life expectancy, sometimes referred to as a useful lifespan. Industry guidelines on the life expectancy of decorations can be seen in the table below:
See also A guide to product lifespans below.
Betterment
A landlord is not entitled to betterment I.e the landlord should not be in a better position at the end of the tenancy than at the start e.g. The landlord cannot expect compensation to cover the cost of completely redecorating a wall if it was not newly decorated at the start of the tenancy.
Case Study
Mr J let his 2 bedroom apartment to Mr R in Street. The tenancy lasted for 2 years. At the end of the tenancy several small (grease-like) stains were present on one of the walls in bedroom 2. Mr R accepted liability and accepted that compensation was due to Mr J. Mr J insisted that the whole of the bedroom walls in the bedroom were redecorated and that the total cost should be met by Mr R as compensation for the stains. Several e-mails and letters were exchanged between Mr J and Mr R but they failed to reach agreement on the level of compensation. A formal dispute was initiated using the ADR Procedure and both parties submitted evidence. The Adjudicator awarded Mr J compensation of £14.
Further Reading
Can a landlord claim to redecorate whole wall if wall is scratched by tenant? (Jungle Property Blog)
A guide to product lifespans {NRLA | TDS)
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