Fair Wear and Tear vs Damage: ACT Landlord Guide
What counts as fair wear and tear vs damage in an ACT rental, with common examples, how age affects a claim, and how to protect your bond.
LANDLORD GUIDE FOR ACT CANBERRA
Fair wear and tear vs damage: what ACT landlords can claim
At the end of a lease, the most common argument between landlords and tenants is whether something is fair wear and tear or damage. Get it right and your bond claim goes through. Get it wrong and you'll lose at the ACT Civil and Administrative Tribunal (ACAT) and the tenancy ends on a sour note.
What the ACT rules say
Under ACT tenancy law, a tenant must return the property in substantially the same condition and cleanliness as at the start of the tenancy, fair wear and tear excepted. You can claim for damage and for cleaning needed to restore the ingoing condition. You can't claim for the normal ageing of a home that's being lived in.
The simple test
Fair wear and tear happens gradually through normal, reasonable use, even by a careful tenant. Time and everyday living cause it.
Damage is caused by an accident, carelessness, misuse or neglect. It wouldn't have happened with reasonable care.
Common examples
Carpet
Fair wear and tear (not claimable): flattened or worn walkways, minor fading
Damage (may be claimable): burns, large stains, rips, pet damage
Walls
Fair wear and tear (not claimable): light scuffs, small nail holes where hanging was allowed
Damage (may be claimable): large holes, unapproved drilling, crayon or graffiti
Paint
Fair wear and tear (not claimable): fading, minor marks from furniture
Damage (may be claimable): unapproved repainting, heavy grime from smoking
Curtains and blinds
Fair wear and tear (not claimable): sun-fading, fraying cords
Damage (may be claimable): torn or missing slats, cut cords
Floorboards
Fair wear and tear (not claimable): dulled finish in high-traffic areas
Damage (may be claimable): deep gouges, water damage from spills left unattended
Kitchen
Fair wear and tear (not claimable): worn benchtop finish, loose cupboard hinges
Damage (may be claimable): burn marks, broken doors, cracked cooktop
Bathroom
Fair wear and tear (not claimable): worn grout, tired silicone
Damage (may be claimable): mould from not using the exhaust fan, broken fittings
Garden
Fair wear and tear (not claimable): plants struggling in a dry summer
Damage (may be claimable): dead lawn where watering was the tenant's job under the lease
The line isn't always clean. A few small stains in a five-year-old carpet may be wear, while one large red-wine stain is damage. Context and evidence decide it.
Age matters: you can't get "new for old"
Even when something is damaged, a claim should reflect the item's age and remaining useful life. If a tenant burns a 9-year-old carpet that was near the end of its life, you generally can't charge them the full cost of new carpet. Tribunals typically allow only a proportion that reflects the value lost. Keep purchase dates and invoices for carpets, blinds, appliances and painting so you can show what an item was worth.
How to make a claim that holds up
A detailed ingoing condition report with dated photos of every room. This is the single most important document.
Routine inspections during the lease, so problems are spotted and fixed early.
An outgoing inspection compared line by line against the ingoing report, with matching photos.
Quotes or invoices for the cleaning or repair you're claiming.
A reasonable amount, adjusted for the item's age.
If the tenant disputes the claim, it goes to ACAT. Read how the process works in our ACT rental bond guide →
Frequently asked questions
Is a small nail hole fair wear and tear? Usually, especially if hanging pictures was allowed. Many large holes, or holes from unapproved fixtures, are more likely damage.
Can I charge for repainting at the end of a lease? Only for damage beyond normal wear, such as large marks or unapproved paint colours, and only for the value lost given the paint's age.
Who pays for worn-out carpet? If it simply wore out with normal use, it's the landlord's cost of owning the property.
Protect your property and your bond
Jaira completes detailed photographic condition reports, inspects regularly, and handles end-of-lease claims with the evidence ACAT expects, so you recover what you're owed without the stress.
Get your free rental appraisal here
Or call Jugal on 0450 365 365.
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General information only, current at November 2026, not legal advice. Each ACAT decision depends on its own facts.