Landlord tries to charge tenant $312 for having hair that falls out in the shower... Here's why that's completely wrong

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When Lauren received an email from her landlord demanding $312 from her bond because her hair had blocked the shower drain, her incredulous response said it all.

'You're seriously trying to charge me for having hair that falls out when I shower? Is that not something that happens to literally every human being?'

Unfortunately, Lauren's experience isn't unusual. Property damage is the main reason landlords won't return bonds to tenants, with approximately 25% of Australian tenants not getting their full bond back when moving out of a rental property.

But in this case, the landlord was completely in the wrong–and Australian law is crystal clear on why.

In the case of Toru & Raveora v Cheow (2005), a NSW tribunal ruled that 'a shower drain clogged by hair was reasonable wear and tear because not intentional or malicious.'

This legal precedent makes it clear that hair naturally falling out during washing is not something tenants can be charged for.

The distinction is crucial. According to NSW Fair Trading, wear and tear means the normal deterioration of a property from ordinary, everyday use.

Exposure to the elements, time, as well as day-to-day living can cause fair wear and tear. Hair naturally shedding during showers absolutely falls into this category.

Under Australian tenancy laws, tenants are not responsible for 'fair wear and tear'. This is a fundamental protection that exists across all states and territories.

Fair wear and tear is deterioration caused by everyday use or natural forces, and relates to general deterioration in the property as opposed to something caused by poor maintenance or cleaning habits, neglect or misuse.

The good news is that tenant protections are improving.

From 30 September 2024, rental bonds lodged in Queensland require supporting evidence to be provided to tenants when landlords claim or dispute bond refunds. This must be done within 14 days, and not providing evidence is now an offence.

Similar protections exist in other states, with tribunals and consumer affairs bodies increasingly taking a dim view of unreasonable bond claims.

Lauren's case highlights a much bigger problem. Australian renters have lost $2 billion in bond money over the last 5 years, with up to 1.45 million people who've rented and moved house losing all or part of their bond.

For older Australians, this is particularly concerning.

Renting at an older age can be associated with the risk of poverty and adverse effects on health and wellbeing, according to the Australian Institute of Health and Welfare. If you are an older tenant, being aware of your rights can help safeguard your security.

The key to avoiding Lauren's situation is documentation and knowledge:

Before you move in: Take detailed photos of every room, including drains and plumbing fixtures. Complete the condition report thoroughly and keep copies of all documentation.

During your tenancy: Report maintenance issues promptly in writing, keep records of all communications, and take photos of any new damage immediately.

When moving out: Clean the property to the same standard as when you moved in, take exit photos, and don’t agree to unreasonable bond deductions.

If you're facing an unfair bond claim, you don't have to fight it alone. Australia has excellent free services specifically designed to help tenants:

For older renters: Housing for the Aged Action Group (HAAG) specialises in assisting older people with their housing needs. Call 1300 765 178.

State-based help: NSW: Tenants' Union (1800 251 101) | Victoria: Tenants Victoria (03 9416 2577) | Queensland: Tenants Queensland (07 3832 1015) | SA: Tenants Information and Advisory Service (08 8223 4943) | WA: Circle Green Community Legal (08 6148 3636)

The RTA in Queensland currently resolves over 75% of disputes where both parties agree to participate in their free conciliation service. Most reasonable landlords will back down when presented with proper evidence and legal precedent.

Read more: You won’t believe what my tenant did after moving out—now SHE says I’m the dramatic one!

Have you ever faced an unfair bond claim from a landlord? What unreasonable charges have you encountered, and how did you handle them? Share your experiences in the comments below!