Q&As

Can a landlord claim for damages in respect of wear and tear?

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Published on LexisPSL on 22/11/2018

The following Property Q&A provides comprehensive and up to date legal information covering:

  • Can a landlord claim for damages in respect of wear and tear?

This will depend on whether there is an exception for fair wear and tear in the lease, and if so, how it is construed. In theory, an exception for damage caused by fair wear and tear means that the tenant is not liable for damage caused by the reasonable use of the premises and the ordinary operation of natural forces. However, exactly how the exception is construed will depend on the wording in the lease.

The amount of the dilapidation does not affect whether the wear and tear is fair. If the premises are origina

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