Fair wear and tear is not waste
A worked RES examination question on waste, from our Paper 1 bank — with the rule it turns on, and why each of the four options is right or wrong.
The question
A landlord inspecting a flat at the end of a tenancy finds the master-bedroom bed frame broken. It gave way through ordinary heavy use over the years, not through any deliberate act or misuse. He wants to charge the tenant for it as damage the tenant caused to the property.
Which statement is correct?
The answer, and why
Answer: A
The rule. Fair wear and tear is not waste. An item that gives way through ordinary use over time, without any deliberate act or misuse, is the landlord's to replace, not a breach by the tenant.
Why A is correct. The bed frame broke through ordinary heavy use, not misuse. That is fair wear and tear, not waste, and the landlord bears the replacement.
The other options.
- B calls it voluntary waste. There was no deliberate structural act; it simply wore out.
- C calls it equitable waste. There was no destructive intent.
- D calls it permissive waste. Wear and tear is not a failure to repair by the tenant.
Exam note. Ordinary use that wears something out is wear and tear, not waste. The line is destructive intent or neglect versus normal use.
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Independent study material. Not affiliated with or endorsed by the Council for Estate Agencies. No pass guarantee — for study use only.