Disputes over rental properties are not uncommon, and disagreements about repair responsibilities are among the most frequent issues. If clear terms are not outlined in the lease agreement or effective communication is lacking, these conflicts can escalate. In serious cases, legal action may be required to resolve the matter.
So, who is responsible for repairs within a rental property–the landlord or the tenant? Generally, the responsibility for repairs to furniture and appliances provided with the property depends on the terms outlined in the lease. If the lease does not specify these details, the Landlord and Tenant (Consolidation) Ordinance serves as a reference point.
Under the ordinance, structural elements or external parts of the property, such as the building's exterior walls, common corridors, external pipes, and wiring, are the landlord's responsibility. Costs for mandatory inspections, such as government-required window checks, are also the landlord's obligation.
As for furniture and appliances provided within the unit, the repair responsibility depends on the cause of the damage. If the damage is due to improper use by the tenant, the tenant is responsible for the repair costs. However, if the damage is due to natural wear and tear or structural issues, the landlord typically bears the cost.
Even with lease agreements or legal guidelines in place, disputes can still arise in practice, especially when determining whether furniture or appliances were damaged due to misuse or natural wear and tear. This gray area often leads to disagreements, with both parties holding different views, ultimately resulting in rental disputes.
In such cases, landlords can hire professional technicians to inspect the cause of the damage to determine whether it was due to natural wear or improper usage. While the inspection cost is usually borne by the landlord, they can seek reimbursement from the tenant if the damage is found to be caused by tenant misuse.
To minimise future disputes, landlords and tenants are advised to document the condition of all furniture and appliances in the unit upon move-in by taking photos. This record can serve as a reference for comparison at the end of the tenancy, helping to resolve any disagreements over damaged or worn-out items and avoiding unnecessary conflict.
Tenants also have a responsibility to maintain the unit, including its furnishings and appliances, in good condition. If an item is severely damaged and cannot be repaired, or the tenant no longer wants it, can they dispose of it?
The answer is no. Tenants must notify the landlord and obtain their consent before disposing of any items. Otherwise, tenants are required to return the items when vacating the unit. Disposing of such items without the landlord’s approval may be considered damage to the landlord’s property, and the landlord may seek compensation or deduct the cost from the security deposit.
If repairs are needed, can the landlord enter the property or send contractors to carry out work without notifying the tenant? The answer is no. Once the property is rented out, tenants are entitled to exclusive possession and quiet enjoyment of the property. Landlords must obtain the tenant's consent before entering the unit for repairs, except in emergencies, such as burst water pipes or gas leaks.
