Maintenance:

Maintenance covers any dilapidations that are not attributable to the Tenants, e.g: Settlement cracks and doors sagging on hinges. As these dilapidations would occur even if the property was empty, the Tenant cannot be held responsible and no claim may be made against the Tenants deposit to cover any repairs required there of.

Wear & Tear:

All standard Assured Short hold Tenancy Agreements (ASTs) state that 10% of the monthly rental value of a property is predesignated to cover for Wear & Tear. The definition of Fair Wear & Tear is that the property and any items contained therein will not deteriorate more than should be expected, dependent on the length of Tenancy.

Generally, a property should not really show any major signs of dilapidation within the course of a standard 6 month Tenancy, however this would not be expected to be the case if the Tenants stayed for notably longer. MCII work to the industry standard, AIIC approved definitions of Wear & Tear, ensuring that any excessive Wear & Tear is noted so it can be compensated through the application of the standard formulas of Apportionment (see below).

Apportionment:

Apportionment is the industry standard formula used to decide on an acceptable figure to be deducted from a Tenants deposit in the event of either Damage or Excessive Wear & Tear. The basic principle states that a Landlord cannot expect to be compensated 'new for old'. In other words, the Landlord should not attempt to reclaim the full value of an item if it is already part or all of the way through that items accepted 'life expectancy'.

Example:

To paint a room costs £50. The paint work, if treated properly, would be expected to last approximately 5 years before requiring redecoration. The property was decorated a year before the Tenants took occupancy. The Tenants occupied the property for the basic 6 month AST duration and then left. At the Check Out, the Clerk finds that Excessive Wear & Tear means the room needs to be fully repainted again in order to be considered to be of a 'lettable' standard.

Apportionment formula:

Cost of original decoration divided by 'life expectancy' multiplied by the remaining 'life expectancy' from when the tenants exited.

£50 / 5 yrs = £10/yr. £10/yr x 3.5 yrs remaining life expectancy = £35.

MCII Est 2007
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