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Responsibility Of Maintenance Of Leased Asset

Who is responsible for the maintenance of the leased asset?

There are two types of maintenance in an Ijarah:

• Major Maintenance: This refers to the maintenance that is necessary to ensure that the leased asset continues to exist and provide intended use.
This type of maintenance is the lessor’s responsibility.

• Periodic Maintenance: This refers to the regular maintenance related to the use of the asset. For instance, for a car given on lease, it is the lessee’s responsibility to maintain proper oil and fuel levels.

If the leased car’s engine ceases, it needs to be investigated whether the problem is a result of a manufacturing default, in which case it is the lessor’s responsibility to have rectified, or if it is a result of gross negligence on the lessee’s part, in which case the lessee is liable to pay.

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