20 July 2013
PROPERTY MANAGEMENT – REASONABLE WEAR AND TEAR The concept of reasonable wear and tear on a rental property is one subject that property owners and tenants regularly find confusing.
104 Somerville Road 9316 9000
Usually, at the end of a tenancy, the tenant is responsible for leaving the premises in as close to the same condition as they found it. To describe this requirement, many lease agreements include the clause ‘fair wear and tear excepted’. So something like carpet deterioration in high traffic areas would be reasonable. On the other hand, if there were large stains in several rooms, it would be hard to maintain that this is the product of fair use.
Williamstown 1/66 Douglas Parade (Corner Stevedore Street) 9393 1600 www.jasstephens.com.au
What is considered ‘fair wear and tear’ will depend on the individual circumstances of the property but it has been protected into tenancy legislation. Numerous cases have flowed from tenancy tribunals and other courts that have struggled with this issue. To try and avoid any disputes over damage it is imperative you have a detailed property condition report in place prior to any new tenancy. This document must be signed by both parties at the commencement of the lease agreement. The report alone could be worth thousands in the event of a claim. Regular property inspections are also a sensible way of making sure the condition of a rental property is maintained at a fair standard, and that any issues, either from the landlord or tenant, can be addressed in a timely manner. Craig J. Stephens Managing Director / Officer in Effective Control M 0418 547 938
As a service to our vendors, we will require names & phone numbers on entry of all inspections. Privacy Act 2000: We use personal information collected from you during open for inspections for security purposes. We may also use that information to contact you with respect to this property and others we believe may be of interest to you. Also, we may contact you in relation to other services provided by us or our associates such as insurance, mortgages and loans. By providing your information to us you agree to our use of it as described above unless you advise us differently. If the information is not provided we may not be able to provide an effective and comprehensive service to you. (Your personal information will be collected and held in accordance with provisions of the Information Privacy Act 2000). We have obtained all information in this document from sources we believe to be reliable, however, we cannot guarantee its accuracy. Prospective purchasers are advised to carry out their own investigations. We strongly recommend that you clearly register your interest with our representative at the open for inspection, so that in the event of a sale being imminent, your position is protected. We make every effort to contact all interested parties prior to a property being sold.
MEET THE TEAM
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More time Sometimes, there’s just not enough hours in the day. At Jas Stephens, we can’t make more time, but we can fit within your time frames. It all starts with our free appraisal. We come to you at a time that suits you. We can be really quick if you don’t have a lot of time, although there’s nothing we love more than chatting with you about your home. So if you’re considering selling, there’s no time like the present. You get more with Jas Stephens.