WA Rental Property Fair Wear and Tear: What Landlords Can and Can't Claim

The bond dispute over whether that carpet stain is "fair wear and tear" or tenant damage is one of the most common conflicts in WA tenancies. Getting this wrong means losing money on legitimate damage claims — or losing a Commissioner determination because you tried to charge for normal ageing.

What Fair Wear and Tear Actually Means Under WA Law

The Residential Tenancies Act 1987 requires tenants to keep the property in a "reasonably clean condition" and not cause damage beyond fair wear and tear. But the Act doesn't define fair wear and tear with a checklist — it's assessed on the facts.

The general principle: fair wear and tear is deterioration that occurs naturally from normal use, even when the tenant takes reasonable care. Tenant damage is deterioration caused by negligence, misuse, or deliberate action.

In practice, the distinction comes down to pattern and cause. Slight fading of carpet in high-traffic areas is wear and tear. A large bleach stain is damage. Minor scuff marks on walls from furniture placement are wear and tear. Multiple nail holes and large patches of missing paint from hanging heavy items without permission are damage.

Common Fair Wear and Tear Examples in WA

These are common examples of fair wear and tear, depending on the item's condition and the cause of the change:

• Carpet fading and minor flattening in hallways and living areas
• Small pin holes in walls from picture hooks (a few per room)
• Faded or slightly worn curtains and blinds from sun exposure
• Minor scuff marks on walls and skirting boards
• Worn door handles and hinges from regular use
• Light staining or discolouration of benchtops from normal kitchen use
• Faded paint from ageing, not impact or neglect
• Cracks in plaster or grout from building settlement

What Crosses the Line Into Tenant Damage

These items are generally claimable as tenant damage:

• Burns, large stains, or rips in carpet
• Holes in walls beyond normal picture hooks
• Broken windows, doors, or fixtures
• Mould caused by tenant failure to use provided ventilation (though mould from structural defects remains the landlord's responsibility)
• Excessive filth beyond normal cleaning — grease buildup, clogged drains from misuse
• Damage from unauthorised pets (though under the Phase One reforms, tenants now have a statutory right to keep pets with the $350 bond cap)
• Missing fixtures or fittings
• Garden and lawn damage from neglect, where the lease assigns garden maintenance to the tenant

The Property Condition Report Is Everything

The Form 1 Property Condition Report, completed at the start of the tenancy, is the baseline against which all end-of-tenancy claims are measured. Without a thorough ingoing PCR, distinguishing wear and tear from damage becomes almost impossible.

Under the RTA, you must provide two copies of the completed Form 1 to the tenant within seven days of occupation. The tenant has seven days to return a signed copy with their own comments. If the tenant doesn't return it, the PCR as you completed it stands — but only if you can prove you served it.

A strong PCR includes room-by-room photographs with timestamps: walls, floors, fixtures, appliances, and any existing marks or defects. The more detailed the ingoing record, the stronger your position on any end-of-tenancy claim.

How the Commissioner Assesses Bond Disputes

Since the streamlined bond release process took effect on 28 March 2026, the Commissioner for Consumer Protection determines disputed bond claims. The Commissioner looks at three things:

1. The ingoing and outgoing PCRs: side-by-side comparison of condition at the start and end of the tenancy
2. Photographic evidence: dated photos from both points
3. Trade quotes or invoices: what it actually costs to repair the claimed damage

The Commissioner considers the age and condition of the item when assessing the claim. Replacement is generally like-for-like rather than new-for-old; for older carpet, a claim may be limited to its current depreciated value rather than the full cost of a new replacement.

Protecting Yourself Proactively

Regular routine inspections (up to four per year under the RTA) with dated photographs at each one create an ongoing record of condition. If damage appears between inspections, you can identify approximately when it occurred.

Written communication about any damage you observe — noting it in the inspection report, emailing the tenant about it, logging their response — builds the paper trail that Commissioner determinations rely on.

Our WA Rental Minimum Standards compliance guide includes a property condition photo guide and inspection tracking tools designed to build the documentation you need to distinguish genuine damage from fair wear and tear when it matters.

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