Keeping your Cool – Air-conditioning in a Leased Premises

January 15, 2021

Air-conditioning can be crucial for a business and its office. If you lease premises, or are about to lease premises, make sure that you understand your rights and obligations as a Lessee with respect to air-conditioning. Your rights and obligations are listed in your lease.

Before you sign a lease and take possession of the premises, you should have the air conditioning checked by an expert. You should obtain a condition report to determine whether the air-conditioning is working, in good repair and is sufficient for the premises. You should provide a copy to the Lessor. If there are problems, you should arrange with the Lessor to get them fixed before the lease starts.

During the term of your lease, you may be required to arrange regular cleaning, replacement of pads and to attend to minor maintenance of the air-conditioning.  In this case, we recommend that you enter into a regular maintenance contract with licensed tradespeople to service the air-conditioning to ensure you are meeting your obligations under the lease.

The lease should also set out whether it is you or the Lessor who is responsible for any substantial or capital repair or replacement of the air-conditioning unit.

The best way to ensure that disputes don’t arise is to be very clear in the lease terms as to who is responsible for maintaining, repairing or replacing the air-conditioning.  Should you need any assistance with negotiating or reviewing your commercial lease, contact a member of our Property team at Fox and Thomas.