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How To Differentiate Fair Wear and Tear from Damage

  • Feb 10
  • 3 min read

In Victoria, disputes over bond deductions often come down to one question: is the issue damage or fair wear and tear?


Understanding the difference helps renters and rental providers manage expectations and avoid unnecessary conflicts. Here’s how to tell them apart.



Fair wear and tear 

Fair wear and tear is the natural, gradual deterioration that happens through normal use of a property. It’s not caused by negligence, accidents, or misuse.


Examples include carpets flattening in high-traffic areas, minor wall scuffs, fading paint, worn taps, or ageing appliances. Outdoor areas may show fading, weathering, or minor cracks over time.


Fair wear and tear also reflects the effect of time. Even with careful living, surfaces fade, fittings loosen, and materials soften — these are natural changes, not tenant neglect.


In Victoria, rental providers must accept this ageing and cannot claim the cost of restoring items to ‘as-new’ condition when they have simply worn down through regular use.


What Is Damage That Rental Providers Can Claim For?


Damage goes beyond normal wear and tear and results from negligence, misuse, accidents, or unauthorised changes. Unlike fair wear and tear, damage can be claimed against the tenant’s bond because it represents preventable harm.


Examples include avoidable stains, burns, broken fittings or fixtures, holes in walls or doors, tears or cracks, water damage from neglect, unapproved modifications, poor DIY repairs, and pet damage beyond normal wear.


The key test is whether the damage could have been avoided with ordinary care. If yes, it’s likely damage, not wear and tear.



Room-by-Room Examples


Living Areas

Fair wear and tear: Carpet flattening, light scuffing, fading paint

Damage: Burns, deep stains, holes in walls, broken blinds or fixtures.


Kitchen

Fair wear and tear: Benchtops losing shine, loose cupboards, ageing appliances

Damage: Chipped benchtops, broken cupboard doors, burns or cracks from misuse.


Bathroom

Fair wear and tear: Grout or sealant naturally deteriorating, ageing taps

Damage: Cracked tiles, mould from poor cleaning, broken mirrors or fittings.


Bedrooms

Fair wear and tear: Carpet wear near bed, fading curtains

Damage: Large stains, broken wardrobe doors, holes in walls.


Laundry

Fair wear and tear: Flooring wear from regular use

Damage: Water damage from appliance misuse, broken doors or shelving.


Outdoor Areas

Fair wear and tear: Fading surfaces, light weathering, minor cracks

Damage: Broken fencing, damaged landscaping, staining from neglect.


How to Avoid Disputes Over Wear and Tear

Most disagreements about bond deductions arise from unclear expectations or lack of documentation. Both renters and rental providers can reduce the risk of disputes by taking a few simple steps.


Complete a detailed condition report

At the start of a tenancy, ensure the condition report is thorough and accurate. Photographs are especially useful for recording the state of carpets, walls, appliances and outdoor areas. This provides a clear reference point when the tenancy ends.


Carry out routine cleaning and maintenance

Regular cleaning, ventilation and prompt reporting of maintenance issues help prevent minor problems from becoming damage. For example, reporting a leaking tap early can prevent water damage that might otherwise be considered avoidable.


Communicate early

If something breaks or is accidentally damaged, informing the rental provider or property manager as soon as possible allows repairs to be arranged and may prevent further deterioration.


Allow for age and lifespan

Items in a rental property have a reasonable lifespan. Carpets, paint, appliances and fittings naturally decline in condition over time, and their age is considered when assessing responsibility.

A renter is not expected to return items in better condition than when they moved in, or to pay the full replacement cost of items that were already partly worn.


When there is a disagreement

If there is a dispute about a bond claim in Victoria, the Residential Tenancies Bond Authority (RTBA) holds the bond until both parties agree on how it should be paid out, or until an order is made by the Victorian Civil and Administrative Tribunal (VCAT). Evidence such as condition reports, photos, invoices and communication records will help support each party’s position.



Fair wear and tear is a normal part of living in a home. It reflects everyday use and the passage of time, not neglect. Damage, on the other hand, results from preventable actions or misuse and may be claimed against the bond.


Understanding the difference — and keeping clear records — helps renters and rental providers maintain positive relationships and ensures that end-of-tenancy processes are fair, transparent and straightforward.

 

 
 
 

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Guthrie Majella Melbourne

Northern Office: Suite 64, Level 3/21 Cityside Drive, Mickleham VIC 3064​

Eastern Office: Suite 322, C307, Level 3, Eastland, 175 Maroondah Hwy, Ringwood VIC 3134

(03) 9088 7608

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