Who Fixes the Aircon
in a Rental — Malaysia

This guide is for general information only and does not constitute legal advice. For complex or contested disputes, consult a Malaysian-qualified solicitor or the Tribunal for Consumer Claims.

Malaysia has no Residential Tenancy Act — what that means for aircon

Unlike some countries, Malaysia has no standalone Residential Tenancy Act that automatically allocates repair duties between landlord and tenant. The landlord vs tenant repair responsibility framework in Malaysia is entirely contractual and common-law based:

• Your tenancy agreement is the primary document. Whatever it says about aircon servicing and repairs is binding.
• Where the agreement is silent, Malaysian courts apply common-law principles derived from the Contracts Act 1950 and decided cases.
• There is no government body that automatically enforces repair obligations; a landlord or tenant must either negotiate or seek a court or tribunal order.

This means that a well-drafted tenancy agreement is your best protection — for both parties. An aircon clause that specifies the servicing schedule and who pays for different fault types prevents most disputes before they start.

Cause-based responsibility table

Malaysian courts and the Tribunal for Consumer Claims generally look at the cause of the fault to decide who pays. This table summarises the typical position where the tenancy agreement does not specify otherwise:

What the landlord is responsible for

As the owner of the property and its fixtures, the landlord is generally responsible for ensuring the aircon unit is in working order at the start of the tenancy and for rectifying structural or capital faults that arise through normal use over time:

• Pre-tenancy defects. If the unit does not cool properly at handover, the landlord must repair or replace it. Tenants should test all aircon units during the inventory handover and record any fault in writing.
• Compressor, PCB and fan motor failure. These are capital components that degrade over years of use regardless of tenant behaviour. The cost is the landlord’s.
• Refrigerant leaks caused by ageing joints. As pipework ages, joints can fail. This is fair wear and tear — not caused by the tenant.
• End-of-life replacement. When a unit reaches end of its serviceable life (~10–15 years for a split-unit), replacement is the landlord’s capital expense.

The landlord’s duty to maintain habitable premises is implied at common law (following the principle in Mint v Good [1951] and Malaysian cases applying the Contracts Act 1950 s.74 for loss from breach). An aircon unit that was part of the inventory at move-in is a fixture the landlord agreed to provide — maintaining it in working order is part of that undertaking.

What the tenant is responsible for

Tenants have a duty to treat the property in a tenant-like manner — a principle affirmed in Malaysian tenancy law and common-law cases. For aircon, this means:

• Routine servicing. Most tenancy agreements require the tenant to service the aircon every 3–6 months. If no clause exists, the tenant should still clean or arrange cleaning of filters as part of general upkeep. Cost is typically RM50–RM120 per unit per service.
• Reporting faults promptly. A tenant who notices a fault and delays reporting it — causing the damage to worsen — may be liable for the additional damage caused by that delay.
• Faults caused by misuse. Running the aircon at extreme settings continuously, blocking the outdoor compressor unit, or allowing mould to accumulate unchecked in the indoor unit are tenant-side failures.
• Physical damage. Damage caused by the tenant or their guests (e.g., hitting the indoor unit, tampering with wiring) is clearly the tenant’s liability.

What your tenancy agreement should say about aircon

A well-drafted aircon clause eliminates most disputes. Whether you are a landlord or tenant, ensure the agreement covers:

See our tenancy agreement guide for a full overview of clauses to include.

Fair wear & tear vs tenant damage

Fair wear and tear is deterioration that occurs through normal, reasonable use over time — not caused by any specific act or negligence. For aircon units:

• Fair wear: Compressor degrading after 8–10 years; refrigerant pressure slowly dropping after 5+ years; plastic casing yellowing.
• Not fair wear (tenant cost): Casing cracked from impact; indoor unit bracket bent; drain pipe kinked because furniture was pushed against the unit; filter clogged because it was never cleaned.

The distinction matters especially for security deposit deductions. A landlord cannot deduct from the deposit for fair wear and tear — only for damage beyond that standard. Document the condition of every aircon unit in photos at move-in and move-out to avoid disputes.

Routine aircon servicing: who pays in Malaysia?

The standard practice in Malaysian rentals — and the position most tenancy agreements adopt — is that routine servicing is the tenant’s cost during the tenancy. Routine servicing typically includes:

• Washing the filter and indoor unit coil (basic service: RM50–RM80/unit)
• Chemical wash of indoor unit when heavily fouled (RM100–RM150/unit)
• Checking drain pipe is clear (included in standard service)

A gas top-up is treated as a consumable in most agreements — the tenant pays. However, if the gas is low due to a refrigerant leak from ageing pipework, that is a structural defect and the landlord should pay for the leak repair and the gas refill.

For a full cost breakdown, see our aircon servicing cost guide.

When there is a dispute about aircon repair

Most aircon disputes arise from two scenarios: (1) landlord refuses to fix what is clearly a structural fault; (2) tenant refuses to service the unit despite a clear contractual obligation. Steps to resolve:

• Step 1 — Put the request in writing. Email or WhatsApp the other party with a clear description of the fault, the date reported, and the clause in the tenancy agreement you rely on. A written record is essential if you need to escalate.
• Step 2 — Get a written assessment. Have a licensed aircon technician provide a written diagnosis stating the cause of the fault. This is the key document in any dispute about whether the fault is structural or caused by negligence.
• Step 3 — Allow reasonable time. Give the responsible party a reasonable timeframe to act — typically 7–14 days for a non-emergency fault.
• Step 4 — Send a formal letter of demand. If ignored, send a letter of demand (LoD) citing the specific clause and stating you will proceed to the Tribunal if unresolved within 14 days.

Taking an aircon dispute to the Tribunal

If the dispute involves a monetary claim of RM50,000 or below, either party can file a claim at the Tribunal for Consumer Claims (Tribunal Tuntutan Pengguna Malaysia — TTPM) under the Consumer Protection Act 1999. The Tribunal is inexpensive (filing fee RM5–RM10), lawyer-free and typically resolves cases within 60 days.

For claims that do not fit the Consumer Protection Act (e.g., a landlord claiming against a tenant for damage), the landlord can file in the Magistrates’ Court for claims up to RM100,000 under the Courts of Judicature Act 1964. However, this route involves legal costs that often exceed the repair value for small claims.

Document everything: tenancy agreement with the aircon clause, written repair requests, technician’s written diagnosis, receipts and photographs. See our rent arrears recovery guide for how formal demand letters and the Tribunal process work in practice.

Aircon checklist before moving in or out

Tips for landlords

• Include a clear aircon clause in every tenancy agreement specifying servicing frequency, minor-repair threshold and structural-repair responsibility.
• Service all units professionally before a new tenant moves in and keep the receipt — it sets the baseline condition and proves your good faith.
• Budget for compressor and PCB replacement every 10–12 years; these are capital expenses, not tenant costs.
• Respond to repair requests in writing and within a reasonable time — a written record protects you if the tenant escalates.
• Use the inventory handover checklist to document unit condition at every tenancy start and end.

Tips for tenants

• Read the aircon clause in your agreement before signing — understand whether you are responsible for routine servicing and what the minor-repair cap is.
• Service the aircon at least once every 3–6 months and keep receipts. This protects you from deposit deductions and proves tenant-like care.
• Report any fault in writing (email or WhatsApp) as soon as it occurs. Delayed reporting that causes further damage can transfer liability to you.
• At move-out, provide all servicing receipts and photographs of each unit to the landlord to confirm you have met your obligations.

Sources & official references

• Contracts Act 1950 (Malaysia) — ss. 74–76 (measure of damages for breach).
• Consumer Protection Act 1999 (Malaysia) — Tribunal for Consumer Claims jurisdiction (RM50,000 limit).
• Courts of Judicature Act 1964 — Magistrates’ Court jurisdiction (up to RM100,000).
• Common-law principle of “tenant-like manner” — Warren v Keen [1954] 1 QB 15 (English authority applied in Malaysian courts).
• Tribunal for Consumer Claims Malaysia (TTPM) — www.kpdnhep.gov.my.