Damage vs Fair Wear and Tear: The Key Distinction
In Australian tenancy law, the distinction between damage and fair wear and tear is the central issue in most bond disputes. Landlords can only claim bond for damage - not for fair wear and tear, and not for pre-existing issues.
Fair wear and tear is the normal, unavoidable deterioration of a property from everyday living. It is expected and cannot be recovered from a tenant's bond. Damage is deterioration that goes beyond what is expected - stains, burns, breakages, significant marks caused by the tenant's behaviour.
Under Australian tenancy legislation across all states and territories, a landlord cannot make a bond deduction for fair wear and tear. This is a statutory protection for tenants. The burden is on the landlord to demonstrate that the deterioration goes beyond normal wear and tear.
Examples of Fair Wear and Tear
- Minor scuffs and light marks on walls from everyday living
- Faded or slightly marked paintwork after several years of tenancy
- Carpet pile wear from normal foot traffic over a long tenancy
- Small nail holes from hanging pictures or artwork
- Minor marks on benchtops from normal kitchen use
- Gradual fading of curtains or blinds from sunlight
- Light scratches on timber floors from furniture over a long tenancy
Examples of Recoverable Damage
- Burns on carpet or benchtops
- Large holes or gouges in walls
- Significant stains on carpet that cannot be professionally cleaned
- Broken fixtures - glass, doors, cupboard hinges beyond normal use
- Mould caused by the tenant's failure to ventilate properly
- Pet damage - scratching, staining, odour
- Damage caused by third parties the tenant allowed into the property
Many damage claims fall in a grey area that depends on the property's age, the quality of finishes at move-in, and the length of the tenancy. A stain that would be recoverable damage in a brand-new apartment may be fair wear and tear in a 20-year-old rental after a 5-year tenancy. Tribunals assess this contextually.
How to Challenge an Unfair Damage Claim
Review the claim in detail
The landlord must specify what they are claiming and why. Identify each item and assess whether it is genuine new damage or fair wear and tear, or whether it was pre-existing.
Check your move-in photos
Open your BondProof move-in report. If the claimed damage was present at move-in, your photos will show it. This is the most powerful form of defence - visual proof that the condition predated your tenancy.
Respond in writing with evidence
Send a written response to the agent or landlord disputing each item. Attach the relevant photos from your BondProof report. Be specific about which photo shows which condition and when it was taken.
Obtain independent quotes
If the landlord is claiming repair costs, obtain your own quotes for the same work. Landlords sometimes claim inflated amounts. An independent quote establishes fair market value.
Apply to the relevant tribunal if unresolved
If the landlord does not withdraw the claim, apply to VCAT in Victoria, NCAT in NSW, or the Tenancy Tribunal in New Zealand. Take your BondProof report, your response correspondence, and your independent quotes.
Damage Claims and the October 2026 Victorian Law Changes
From 13 October 2026, Victorian rental providers must provide documented evidence supporting any bond claim before it is lodged with the RTBA. This means landlords cannot simply assert that damage occurred - they must document it.
This strengthens the tenant's position. If a landlord's evidence of claimed damage is weak or inconsistent with the property's condition at move-in, you have stronger grounds to dispute the claim before it even reaches a tribunal.
Mould Disputes - A Special Case
Mould is one of the most contested damage claims in Australian tenancy disputes. The key question is: what caused the mould?
If mould resulted from a structural issue - leaking pipes, inadequate ventilation, damp-prone construction - it is the landlord's responsibility and cannot be claimed from bond. If mould resulted from the tenant's failure to ventilate the property adequately, it may be the tenant's responsibility.
If mould was present at move-in - which your BondProof photos will show if you photographed bathrooms, laundries, and affected areas at move-in - it cannot be claimed as new damage caused by the tenant.