The Lessor’s Duty to Repair Properties in a Common Area: A Comparative Examination of the Law of Thailand, the Netherlands, and England

Abstract

In the case of renting an apartment in a high-rise, a lessee not only needs to enjoy the use of the rented apartment, but the lessee also needs to benefit from certain properties in a common area, such as elevators, fire escape stairs and the lighting system. Sometimes, these properties appear to be broken, resulting in the inconvenience of being unable to use the rented property peacefully caused to the lessee. Thus, there is a legal question as to whether and to what extent the lessor has the duty to maintain and repair the defective properties in the common area.

This comparative law research suggests that the Thai legal system may generate the lessor’s duty to repair the properties in a common area in two ways. First, the lessor may agree to be bound by a rental contract to fix or repair properties other than those rented out to the lessee, including those in a common area. Second, the lessor’s obligation may be created by section 550 of the Thai Civil and Commercial Code by way of interpreting the term ‘defects’ to include circumstances or incidents that impair the fitness for ordinary purposes or the purposes of the contract. For certainty’s sake, this research study proposes that section 550 should be amended to include the definition of the term ‘defects’ as suggested earlier.