The rental AC is broken | Who pays for the repair, landlord or tenant
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In Hong Kong’s hot and humid summers, whether in a home or a commercial premises, air conditioning is almost a necessity. However, whether you are renting a residential property or leasing a commercial unit as an office, responsibility for air conditioner repairs and maintenance is often a point of dispute between landlords and tenants. If the air conditioner breaks down while renting a property, who should be responsible? OPOExpert Air Conditioning often receives enquiries from tenants and landlords about this issue, and below we explain the situation one by one.
Terms in the tenancy agreement
First, responsibility for air conditioner repair and maintenance should be set out in the lease agreement. In general, lease contracts may include the following terms:
1. The landlord is responsible for air conditioner repairs and maintenance: In some contracts, the landlord takes on all repair and maintenance responsibilities for the air conditioner. This clause is relatively favourable to the tenant, as the contract clearly states that the tenant does not need to bear the repair and maintenance costs of the air conditioner.
2. Tenant is responsible for AC repair and maintenance: Some tenancy agreements state that the tenant must take care of AC repair and maintenance. This arrangement benefits the landlord because the agreement clearly states that the repair and maintenance costs of the AC will be borne by the tenant.
3. Share repair and maintenance costs: Under some AC repair and maintenance clauses in a contract, the landlord and tenant share the repair and maintenance costs according to the proportion agreed in the contract. This arrangement is relatively fair, as both parties need to bear the specified portion of responsibility.
Therefore, when signing a tenancy agreement, both parties should read the terms carefully and make sure they clearly understand who is responsible for AC repairs and maintenance.
Legal requirements
Hong Kong law does not clearly specify who is responsible for air-conditioner repair and maintenance. However, under relevant laws such as the Building Management Ordinance and the Public Health and Municipal Services Ordinance, owners must ensure that the facilities and equipment of their property meet legal standards. Therefore, if the tenancy agreement does not clearly state who is responsible for repair and maintenance of the air conditioner, the owner may still bear certain legal responsibilities.
How to avoid disputes?
To avoid disputes between landlords and tenants over air-conditioner repair and maintenance responsibilities, OPOExpert Air Conditioning recommends discussing these matters before signing the tenancy agreement and confirming how repair and maintenance duties will be allocated. The following points may also be used for reference:
1. Regular inspection: whether you are the owner or the tenant, the AC should be checked regularly to ensure it works properly. If any issues are found, discuss them promptly with the other party to avoid disputes.
2. Maintenance records: It is recommended to keep AC maintenance records as evidence if problems arise.
3. Professional repair technicians: choose professional technicians to repair the AC to ensure the equipment is properly maintained.
4. Understand the warranty period: When buying a new air conditioner, understand its warranty period and warranty terms so issues can be resolved promptly when they arise.
Find professional help
If the air conditioner breaks down during the rental period, whether you are the landlord or the tenant, it is important to seek professional help promptly. They can professionally assess the cause of the fault, provide repair services, ensure the air conditioner returns to normal operation, maintain a comfortable living environment, and avoid unnecessary disputes.
Whether the landlord or tenant should pay when the AC breaks down during a tenancy depends on the terms of the rental agreement. Both parties should communicate fully before signing the lease, confirm who is responsible, and state it clearly in the agreement. Regular AC inspections, keeping maintenance records, choosing professional repair technicians and understanding the maintenance period can also help reduce disputes between landlords and tenants.
Related reading and services
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