Fair Wear and Tear vs Damage in Victoria: Real Examples
By Cleaning Near Me team ·
Short answer: fair wear and tear in Victoria is the deterioration that comes from reasonable, everyday use and natural forces, such as faded blinds, traffic marks on carpet or minor scuffs on walls. A rental provider can’t claim it from your bond. Damage, like burns, pet urine stains or holes you left unrepaired, can be claimed. Dirt is neither: you still have to leave the property reasonably clean.
What counts as fair wear and tear in Victoria?
Fair wear and tear is the normal decline a home shows when people live in it carefully. The Residential Tenancies Act 1997 says renters must not intentionally or negligently cause damage, and that “damage” does not include fair wear and tear.
Consumer Affairs Victoria has issued a Director’s Guideline on damage and fair wear and tear. VCAT must have regard to it when deciding bond and compensation disputes. The guideline also notes that courts accept “reasonable minds may differ”, so every case turns on its own facts and evidence.
Fair wear and tear vs damage: Victorian examples
The quickest way to tell the difference is to ask: did this happen through ordinary living, or through an accident, neglect or misuse? The examples below come from the Consumer Affairs Victoria guideline.
| Area | Fair wear and tear (not claimable) | Damage (can be claimed) |
|---|---|---|
| Kitchen bench | Worn or faded bench top | Burns or cuts in the bench top |
| Walls | Minor marks or scuffs; cracks from building movement | Holes or missing paint from hooks, nails or shelves you put up and didn’t repair |
| Curtains and blinds | Faded from sunlight | Stained or ripped |
| Carpet | Traffic marks in walkways | Stains from burns, overwatered indoor plants or pets |
| Timber floors | Scuff marks | Badly scratched or gouged, e.g. from dropping something heavy |
| Pets (where allowed) | Worn or faded carpet from pet traffic | Pet urine stains; claw or bite marks on walls or skirting boards |
The guideline also lists VCAT cases where claims were reduced or refused because of fair wear and tear. They include loose 12-year-old kitchen drawers, minor scratches on floorboards polished 12 years earlier, and a small chip in one laundry tile caused by ordinary living.
Is dirt or mess fair wear and tear?
No. Fair wear and tear covers deterioration, not cleaning. Consumer Affairs Victoria’s cleanliness guideline says you must leave the property reasonably clean and in the same condition as when you moved in, taking fair wear and tear into account.
That means grease in the oven, soap scum, dusty skirting boards and cobwebs are not excused as wear and tear. A rental provider can claim the reasonable cost of cleaning them. You don’t have to make the place cleaner than your ingoing condition report shows, though.
The same guideline sets out when a rental provider can require professional cleaning: only if the property was professionally cleaned right before your tenancy started and you were told so, or if professional cleaning is needed to restore it to its starting condition. Our bond cleaning Melbourne service is designed around that standard.
Can I be charged for picture hook holes?
It depends on whether you restore the wall. Victorian renters can install some items without permission, including picture hooks and screws for wall mounts, shelves or brackets on most surfaces other than exposed brick or concrete.
The catch is the end of the lease. Consumer Affairs Victoria’s page on renters making changes to the property says you must restore the property, or pay the reasonable cost of restoring it, unless the rental provider agrees otherwise. Unrepaired holes or patches of missing paint can then be treated as damage.
Does the age of the item matter?
Yes, a lot. Things wear out, and a rental provider isn’t entitled to compensation just because something got old. VCAT must consider a prescribed depreciation scale (the ATO’s rental properties guide) when working out what a renter pays for damage.
The guideline’s own example: a renter who has lived in a property for 8 years couldn’t be expected to pay for new carpet, because carpet is treated as having an 8-year life span. For newer items, any claim should still be reduced to reflect their age, not set at the full replacement price.
How do you protect your bond from wear and tear disputes?
Evidence wins these disputes. VCAT relies on the condition report and any photos or video to decide what the property was like at the start.
Before your final inspection:
- Re-read your ingoing condition report and your move-in photos.
- List anything that has worn naturally (faded blinds, worn carpet paths) so you can point to it if asked.
- Fix or patch damage you caused, such as hook holes, or agree a cost with the agent first.
- Book a thorough clean: oven, rangehood, bathrooms, skirting boards, window tracks and wall marks.
- Book carpet steam cleaning if pets lived there or your lease or condition report requires it.
- Take dated photos and video of every room after the clean, from the same angles as your move-in photos.
- Don’t accept a bond claim you disagree with. Check the steps on Consumer Affairs Victoria’s bond claims and refunds page.
Our guide on how to get your full bond back in Victoria covers the RTBA claim process step by step. If pets lived in the property, pet hair carpet cleaning explains how to get carpets inspection-ready.
Can a professional clean fix wear and tear issues?
A professional clean deals with the cleaning side of a bond claim. It doesn’t repair damage.
Our end of lease clean starts from $156 for a master room only and from $377 for a 3 bedroom, 1 bathroom home, excluding GST. Wall mark removal and carpet steam cleaning can be added. We re-clean free if your agent raises a reasonable cleaning issue within 3 days. That promise covers cleaning, not damage, depreciation or repairs.
Key takeaways
- Fair wear and tear is deterioration from reasonable use and natural forces, and it can’t be claimed from your bond.
- Damage, such as burns, pet urine stains and unrepaired hook holes, can be claimed.
- Dirt isn’t fair wear and tear: leave the property reasonably clean, compared with the ingoing condition report.
- Age matters: VCAT must consider depreciation, so old items can’t be charged at full replacement cost.
- Your condition report, dated photos and cleaning invoice are your best evidence in a dispute.
FAQs
Is worn carpet fair wear and tear?
Usually, yes. Traffic marks and worn paths from normal walking are fair wear and tear. Burns, pet urine stains and marks from overwatered pot plants are treated as damage.
Are Blu Tack marks fair wear and tear?
Minor marks on walls are generally fair wear and tear. If removing tape or putty pulls off paint or leaves an oily stain, the rental provider may treat it as damage. Remove it carefully and spot clean before the final inspection.
Who decides if something is fair wear and tear or damage?
If you and the rental provider can’t agree, the dispute can go to Rental Dispute Resolution Victoria and then to VCAT. VCAT must consider the Consumer Affairs Victoria guideline and looks at the condition report, photos and the age of the item.
Can the agent deduct the full cost of new blinds?
Not automatically. Faded blinds are fair wear and tear. If blinds are stained or ripped, the claim should still allow for how old they were, because VCAT must consider depreciation.
Moving out soon? Get a free bond back cleaning quote and hand the property back reasonably clean. Calls are in English or Mandarin.
General information only, not legal advice. See Consumer Affairs Victoria for the current rental rules.