Deposit dispute case study - Pets and fair wear and tear

What happened?

The tenant said:

• the landlord knew they were pet lovers before they moved in and that they were living with their two cats
• all through the tenancy, the landlord visited regularly and said nothing about any damage
• now the tenancy has ended, the landlord is saying that the cats have ruined the lounge curtains, which were not in good condition at the start, and caused damage with scratches on the stair woodwork
• some of this should be expected and is reasonable in tenancies where pets are allowed
• they have offered the landlord £150 towards the work needed, which is fair and what he is asking for is unreasonable

The landlord responded, saying:

• he has let his property out for many years and allowed pets with no problems at all
• whenever he visited the property during the tenancy, he did mention the problems that were starting with the curtains, which the tenant said they would try to stop
• during the tenancy, the tenant adopted a kitten in addition to the two cats, and it is likely that this caused most of the damage to the woodwork, and the curtains have deteriorated to the extent that they can no longer be used
• the costs he is claiming is not the full redecoration cost but a larger amount due to the kitten, and that this would not have happened if the tenants had taken action to prevent it getting worse earlier
• the tenant should pay the costs he is claiming for the curtains as they were completely ruined

What evidence was provided?

Tenancy agreement, check-in report, check-out report, email communications, invoices, estimate

What was decided and why?

1. 1. 1. 1. The check-in report says that the curtains were in ‘good used’ condition and the woodwork on the stairs was ‘fair’.
         2. The accompanying photos showed the:
            • curtains with some evidence of fading but not overly worn
            • woodwork on the stairs with some minor scratches and marks
         3. The check-out report commented that the curtains were fraying all over, which was supported by photos, and there were many more scratch marks on the bannisters and skirting boards, particularly at the base of the stairs
         4. The adjudicator was satisfied that the tenant was responsible for costs to make good on both claims

          

         Curtains                     

         5. The invoice for replacement curtains was £360, and while they were left in a condition that required replacement, the tenant could not be responsible for the full cost due to their condition at the start of the tenancy and the additional ‘normal’ use of the curtains over the two year long tenancy.
         6. The normal use is always the landlord’s responsibility, and a tenant is responsible for the damage ‘over and above’ that normal use. In this case an award of £270 (75%) was made

          

         Woodwork/painting

         7. The estimate to repair/repaint the woodwork was £550, however the landlord recognised that this included a larger area than the tenant was responsible for, and was only asking for £190
         8. The adjudicator was satisfied that the landlord had considered fair wear and tear and the amount being claimed was reasonable, so £190 was awarded in full

 Key takeaway points

• Maintaining a good relationship with tenants is key but make sure that anything highlighted at periodic inspections is discussed at the time and not left until the tenancy ends
• Pet damage is damage and NOT fair wear and tear
• A landlord has to accept that the normal use of any area or item is part of renting a property and not the tenant’s responsibility to cover this part of any cost to make good
• Any claim is unreasonable if it puts a landlord in a better position than they would have been, if the damage had not happened

For more information on renting to tenants with pets, read our guide, ‘A landlord’s guide to lets for pets.’ For advice on wear and tear, read our guide, ‘Fair wear and tear: what is it and how is it applied?’