Aircon Chemical Clean - Cost borne by Tenant or Landlord?

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shan50
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Aircon Chemical Clean - Cost borne by Tenant or Landlord?

Post by shan50 » Sun, 27 May 2012 12:03 pm

I have a 2 year lease on an old condo, and after 1 year 2 air cons have started leaking very badly. The air con contractor has said chemical cleaning is the only way out. This is outside my annual servicing contract with him.
Does any one know if the liability for this cleaning lies with the Tenant or the Landlord?

I have kept my end of the agreement, getting the air con serviced at regular intervals- which I don't think covers chemical cleaning.
Anyone faced this issue earlier maybe?

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zzm9980
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Post by zzm9980 » Sun, 27 May 2012 12:29 pm

Do you have a 'generic' repair clause in your T/A? Usually it specifies that repairs below a certain cost are born by the tenant, and above by the LL. Sometimes it says the first X dollars of repairs born by the LL are paid for by the tenant.

I would say if the chemical cleaning is under the 'certain dollars' (often $150 SGD) don't even waste your time, and just pay it. If it is above, then I would suggest contacting a few aircon service contractors to obtain their definitions of 'regular maintenance'. If the majority of them do not include chemical cleaning, approach your landlord with this in hand and request they pay it.

How much does it cost anyway?

shan50
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Post by shan50 » Sun, 27 May 2012 1:23 pm

Well I have these 3 clauss in the agreement:
2. The Tenant hereby agrees with the Landlord as follows:
(g) To replace electric bulbs, tubes and other expendable items at its own expense up to Dollars One Hundred and Fifty (S$150.00) per item. Such expenditure in excess of Dollars One Hundred and Fifty (S$150.00) shall be borne by the Landlord.

(j) To keep the air-conditioning units installed at and for the said premises in good and tenantable repair and condition which air-conditioning units are to be serviced and maintained at least once every three (3) months at the expense of the Tenant by a reliable air-conditioning contractor.


3. The Landlord hereby agrees with the Tenant as follows:
...(c) To be responsible for the repair and replacement of parts in respect of the air-conditioning units installed at the said premises save where the same are caused by any act, default, neglect or omission on the part of the Tenant or any of its servants agents occupiers contractors guests or visitors.

--

The total quotation for the repairs is SGD350 for the two aircons. I think I will be quite okay with the 150, but my landlords are adamant that the chemical cleaning is part of the "regular cleaning" ( which it clearly isn't because no air con contractor offers it in the servicing agreement) and that I should bear the full amount. Even my agent said that it is entirely on the landlord. But my landlords still need to be convinced that the chemical overhaul is not regular cleaning..

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zzm9980
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Post by zzm9980 » Sun, 27 May 2012 4:12 pm

My interpretation is that the cost is yours. The TA specifically says maintenance, not service contracts.

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taxico
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Post by taxico » Sun, 27 May 2012 9:28 pm

i've been a tenant and i'm now a landlord. IMO, you have to pay for the chemical cleaning. i would pay for it if i were the tenant or i know it'll just get worse when my deposit is up for refund...

if your lease just started and if i were your landlord, i would pony up the dollars.

if your landlord's nice, you can negotiate to split the bill. i would accept it if i think you're a nice guy (no late rent, house in good order, etc).

make sure the chemical cleaning is priced properly... shop around. i believe it can be cheaper...

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