Fair wear and tear vs damage in Australian bond claims

Every bond argument in Australia lands on the same phrase: fair wear and tear. The tenant has to hand back the property as nearly as possible in the condition it was in at the start, but not better than time and normal living allow. The difference between the two is where the money sits.

The three biggest states use the same idea with slightly different wording. None of them publishes a binding list, so the condition reports and photos do most of the work.

What the law says in NSW, Victoria and Queensland

The tenant is not liable for fair wear and tear in any of the three states. Damage beyond that, and leaving the place dirty, can be claimed from the bond.

NSW. Under s 51 of the Residential Tenancies Act 2010, the tenant must leave the premises as nearly as possible in the same condition, fair wear and tear excepted, as set out in the condition report from the start of the agreement. NSW Fair Trading gives examples of fair wear and tear such as traffic marks on carpet and faded curtains. Intentional or negligent damage is not.

Victoria. Section 3 of the Residential Tenancies Act 1997 defines fair wear and tear as deterioration caused by reasonable use of the premises by a renter or visitor, and by natural environmental forces. Section 61 says a renter and visitors must not intentionally or negligently cause damage, and that damage does not include fair wear and tear.

Queensland. Under s 188 of the Residential Tenancies and Rooming Accommodation Act 2008, the tenant must leave the premises and inclusions, as far as possible, in the condition they were in at the start, fair wear and tear excepted. The RTA describes it as what happens with normal use and ageing over time, and is clear that dirt, grime, grease and damage, including damage by an approved pet, are not fair wear and tear.

22 examples: wear and tear or damage

Rows marked with a state draw on that state’s official examples. The rest show how these items usually fall in practice. The condition report from the start always comes first: a stain recorded at entry is not the tenant’s stain.

Item	Usually fair wear and tear	Usually damage or tenant’s cost
Carpet (NSW, QLD)	Traffic marks, flattened pile, furniture dents	Stains, burn marks, stains from an approved pet
Floorboards (NSW, VIC)	Scuffed wooden floors	Badly scratched or gouged boards, including by pet claws
Walls, picture hooks (NSW, VIC)	Faded paint, paint worn near a light switch, minor scuffs	Holes from hooks, nails or shelves put up by the tenant
Benchtop (NSW)	Worn surface	Burns or cuts
Curtains (NSW)	Faded curtains, frayed cords	Torn or missing curtains
Doors and windows (NSW)	Loose hinges or handles, worn sliding tracks	Broken glass
Window glass (QLD)	Cracks from old or warped frames	Cracks from slamming the window shut
Plaster (QLD)	Cracks as the building settles	Chips from nails hammered in
Blinds	Brittle slats from sun	Snapped slats, missing cords
Oven and cooktop	Worn knobs, faded markings	Grease and burnt-on food left at exit (cleaning)
Bathroom	Dull finish, ageing silicone	Chips from dropped items, mould left from no ventilation
Grout	Discolouration with age	Mould neglected for months
Flyscreens	Loose mesh on old frames	Tears or holes
Lino and vinyl	Wear marks in kitchens	Burns, cuts, lifted edges from water left
Light fittings	Globes failing over time	Broken covers, missing fittings
Garden	Lawn worn by normal use	Overgrown, rubbish left, plants removed without permission
Smoke alarms	Battery or unit at end of life	Removed or disconnected
Keys and remotes	Worn keys	Lost keys, garage remotes not returned
Furniture (furnished rental)	Worn upholstery, light fading	Rips, stains, broken frames
Appliances	Failure from age	Broken shelves or seals from misuse
Pet areas (QLD)	Nothing: approved pet damage is not wear and tear	Carpet stains, a dog digging up garden mulch
General cleaning (QLD)	Nothing: dirt, grime and grease are not wear and tear	Dirt, grime and grease beyond the entry standard

Age matters even when something is damaged. A carpet that was twelve years old at entry was near the end of its life anyway, and a claim for a new one is hard to justify. Claim a fair share, and show how you worked it out.

The evidence that wins

The side with the better paperwork usually wins. In NSW, a landlord or agent claiming from the bond without your agreement must give you the condition report from the final inspection and copies of estimates, quotes, invoices or receipts. That is a good model for any state.

• Entry report returned on time, with your comments. See condition reports in NSW, VIC and QLD for the 7-day and 5-business-day deadlines.
• Dated photos matched to items. Same angle at entry and exit, with a scale for scratches and marks.
• Descriptions, not grades. “Burn 3 cm on benchtop right of cooktop” rather than “fair”.
• The age of big items. Carpet laid in 2019, curtains new in 2023. That is what lets anyone judge wear.
• Quotes or invoices for any repair or cleaning claimed.
• Signatures from both sides, at entry and at exit.

A condition report written on the day, with dated photos and both signatures, leaves far less to argue about. With our ingoing and outgoing condition report you walk through the rental and talk while AI writes up its condition room by room, with the photos in place. The other side can sign on your phone or later by email, and you get one sealed PDF. Where your state prescribes a form, fill in that form and attach the PDF.

Tribunal routes: NCAT, VCAT and the RTA

If you cannot agree, the dispute goes to the state’s tribunal or dispute service. Time limits are short.

NSW: NCAT. If the landlord or agent claims part of the bond, you get a Notice of Claim and 14 days to respond. To dispute it, apply to the NSW Civil and Administrative Tribunal, then log in to Rental Bonds Online before the due-for-payment date so the bond is frozen (NSW Government). If you claim and the landlord disputes it, they must apply to NCAT within 14 days.

Worked example: you move out on Friday 30 October 2026 and receive the Notice of Claim on Monday 2 November. Fourteen days later is Monday 16 November. Apply to NCAT and log in to Rental Bonds Online before the due-for-payment date on the notice, and don’t leave it to the last day.

Victoria: RDRV and VCAT. Renters can claim their bond directly from the RTBA. The other parties then have 14 days to contest the claim by applying to VCAT or RDRV, or the RTBA pays (Consumer Affairs Victoria). Since June 2025, bond disputes can go to Rental Dispute Resolution Victoria, a free VCAT service. It tries to settle the dispute first, and if that fails, a Member can decide it at a hearing, which may carry an application fee (RDRV).

Queensland: the RTA and QCAT. If someone disagrees with a bond refund request, the RTA sends them a notice and they have 14 days to lodge a dispute resolution request (Form 16); otherwise the bond is paid as first requested (RTA). The RTA’s dispute resolution service is free. If it does not settle the matter, the next step is the Queensland Civil and Administrative Tribunal (QCAT) (RTA).

Before you file anything, send the other side your comparison: entry line, exit line, photos, and the amount you accept. Many claims settle there. If the sum is large, your state’s tenants’ advice service is worth a call before the hearing.