What is 'careless' damage?

Question

Accepted Answer

'Damage' will be classed as intentional when your conduct is deliberate, and not accidental.  Damage will also be intentional if you meant to cause it or (probably) knew that it was virtually certain that damage will be the result of your – or someone else’s – actions.
While carelessness isn’t defined in the Act, its normal meaning of “lack of care, negligence or lack of forethought” is implied. It is likely the Tribunal will consider whether you were “exercising that degree of care and attention that a reasonable and prudent tenant would exercise in the circumstances?”
If you can show that the damage was not intentional or careless, then it’s likely to be in the category of ‘fair wear and tear’, meaning you won’t have to pay for it. If you can’t specifically explain the damage and show that it is not ‘fair wear and tear’, it does not necessarily meant the damage was due to carelessness or intentional damage.
Fair wear and tear is the gradual deterioration of things that are used regularly in a property when people live in it.
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