Landlord Hasn't Fixed Airconditioning in 2 Months: What to Do?

Glodys on 01/01/2020 - 15:54
Last edited 01/01/2020 - 15:54

So long story short, my aircon in my living room has been busted since the end of October (it no longer cools and only heats).

I notified the real estate who eventually got someone out for a quote mid November. Essentially the aircon guy said it had to be replaced and was unrepairable. The realestate was notified and this information was passed onto the landlord (this was still during mid November). Since then, the landlord took 2.5 weeks to respond and all they responded with was to get another quote. Another quote, which was the exact same as the first one, was completed mid-December and we've been told by the real estate that the landlord has not responded since.

I just really want to know what my options are in terms of getting let out of my lease (my lease ends in about 5 months) or getting some sort of remedy such as a reduction in rent because it's starting to get unbearable in this heat.

Home & Garden

Comments

    • Glodys on 01/01/2020 - 16:04
      +1

      I would but I don't have any of their contact details unfortunately. The number provided is for the real estate.

  • Gronk on 01/01/2020 - 16:04
    -7

    I'm in VIC so not sure if this applies to you, but I've been in a very similar situation.

    Unfortunately, the bottom line is that there isn't very much you can do since air con is not considered an essential service in the same way heating and running water is, so all you can really do while you're still in a contracted period is keep asking and hope the landlord decides to get it sorted. There are other options but they'll cost you a significant amount of time, money or both.

    When it comes time to renew the lease you'll have a bit more bargaining power to make any new agreement conditional upon getting the air con fixed, but even here I wouldn't hold my breath because tenants are pretty easy to come across nowadays.

    • jjjaar on 01/01/2020 - 16:24
      +8

      I understand air con isn’t an essential service and you can’t request it to be put in (well, you can try but if they don’t there’s nothing you can do).

      But, genuine question, if you rented a place knowing it had air con and the air con breaks through the lease, then surely fixing it is required like any other appliance? Or negotiating a lower rent based on the current lack of something you’ve agreed to in your contract?

      • oscargamer on 01/01/2020 - 17:20
        +10

        Gronk. Wrong. If the aircon was fitted and working at time of contract, then it's up to the LL to fix it.

        OP . Get advice from Vic tenancy association.

  • pantsparty on 01/01/2020 - 16:13
    +6

    Have you chased the real estate agent and advised you need it fixed ASAP and asked what is going on? What did they say? Make mention of this:

    https://www.fairtrading.nsw.gov.au/housing-and-property/rent…

    “ Urgent repairs include:

    a failure or breakdown of a heater or air-conditioner”

    • Glodys on 01/01/2020 - 17:16

      Yeah I have and every time they've just told me that the landlord still hasn't responded.

      Honestly, the real estate has been pretty good with communicating with me and from how they sounded the last time I spoke to them on the phone they sounded pretty sick of the landlord too.

      • EightImmortals on 01/01/2020 - 18:28
        -6

        And here I was thinking all landlords were rolling in cash from their yearly negative gearing operations? Don;t tell me that was just a another lefty-labour lie? I'm sure he'll get back to you when his yacht gets back from the Maldives. :)

      • brendanm on 01/01/2020 - 19:11
        +1

        Tell them you'll be escalating it to the tenancy authority in your state and/or tribunal and they'll change their tune quickly.

      • Richardc on 01/01/2020 - 19:33
        +3

        https://www.fairtrading.nsw.gov.au/housing-and-property/rent…

        Doing repairs yourself
        If urgent repairs are not done within a reasonable time, you can arrange for the work to be completed and be reimbursed, up to $1,000 by the landlord. You must be able to prove:

        The need for the urgent repair was not your fault
        You contacted the landlord or agent about the problem or made a reasonable attempt to do so
        You gave the landlord or agent a reasonable opportunity to get the repairs done
        The repairs were carried out by a licensed tradesperson (if appropriate).
        After the repairs are done, you need to write to the landlord explaining the details of the repairs and include copies of all receipts. The landlord is required to pay you back within 14 days of receiving your notice. If they don’t, contact our tenancy complaints service.

        If the urgent repairs are likely to cost more than $1000 or you cannot afford to pay, you can apply to the NSW Civil and Administrative Tribunal for an urgent hearing order.

      • OzHunterNSW on 02/01/2020 - 10:49
        +1

        You take the "real Estate"— NOT the Land Lord, to Tribunal.
        The contract is between you and the Real Estate…. it has nothing to do with the Land Lord.
        The Real Estate has a responsibility to maintain the property (not the landlord).

        You must continue paying your rent…. do not play games…. take the Real Estate to Tribunal

  • jecec on 01/01/2020 - 17:02
    +2

    I've been a land lord and when a service breaks at my property, my property manager says the tenents can ask for a reasonable reduction in rent, if the landlord doesnt agree, they can file at VCAT for a reduction in rent and will usually win. Definitely a win in cases such as loss of use of essential services, but likely a win too for services that were available and advertised when it was available for rent (and then broken and remained unavailable).

    This was in VIC. So, yes, you can ask for it be be fixed, give a timeline and then if nothing is done before the timeline then file at VCAT. However, if you want to stay on without a rise in rent then you want to reconsider the above approach.

    • jecec on 01/01/2020 - 17:05

      "Does the landlord have to get the air-conditioner fixed?
      Yes. Anything provided by the landlord must be maintained and repaired if necessary. This is the landlord’s duty and repairing and maintaining air-conditioning falls under this duty.
      There are a couple of exceptions: 1) if you and your landlord agreed in your lease that the air-conditioner was not working and does not form part of the rented premises; or 2) if the air-conditioner was damaged due to your lack of care, and the landlord has given you a notice to fix the damage. [Section 68 Residential Tenancies Act (1997)]"

      "What can I do if they don’t fix it, or don’t fix it properly?
      If the repairs are not completed within 14 days or if you think the repairs aren’t satisfactory, you can request an inspection of the repairs by Consumer Affairs Victoria (CAV).

      To request an inspection:

      complete the Request for Repairs Inspection form (available from the Consumer Affairs Victoria website)
      include a copy of your Notice to Landlord with your form
      also include any other documents between you and your landlord related to these repairs
      send the form and documents to Consumer Affairs Victoria (address details are on the form)
      After they have received your form, an inspector will contact you about the inspection. After an inspection, if they find that the landlord has not completed adequate repairs, they may negotiate with the landlord to complete the repairs. They will also provide you with a written report of the inspection. [Section 74 Residential Tenancies Act (1997)]

      What if the landlord still doesn’t do the repairs after the report?
      If you have received the inspectors report from Consumer Affairs Victoria but the landlord still hasn’t adequately completed the repairs, you can apply to Victorian Civil and Administrative Tribunal (VCAT) for a hearing within 60 days of receiving the report.

      If you don’t receive the inspection report within 90 days of making your application to CAV you can apply to VCAT without the inspector’s report.

      To apply for a hearing:

      complete the General application form – Residential Tenancies List (VCAT website)
      attach a copy of your Notice to Landlord
      attach a copy of the Consumer Affairs Victoria inspectors report
      make sure you keep a copy of the application and supporting documents for yourself before you send them
      send the application form and documents to VCAT (address details are on the form)
      give a copy of your application and documents to the landlord or real estate agent in-person or by registered post."

      Source: https://www.tenantsvic.org.au/advice/air-conditioner-repairs…

  • spackbace on 01/01/2020 - 17:14
    +1

    https://www.ozbargain.com.au/node/497325

    Most of the same answers in that post

  • Oz em on 01/01/2020 - 17:24

    Sa fill in this form
    https://www.sa.gov.au/__data/assets/pdf_file/0005/8276/Reque…

    Or find your state.

    Request compensation. Ask the residencies tribunal how much you are entitled to.

  • JIMB0 on 01/01/2020 - 22:02
    -5

    Open a window.

    • AbsX on 02/01/2020 - 09:08

      I hope you put your actions on what you preach in your forum post

    • DARK KHAOS on 02/01/2020 - 09:50
      +1

      Spoken like a true landlord… hahaha

  • chillybags on 02/01/2020 - 07:30
    +1

    Definetly get in touch with fair trading. Failure of heating/cooling in NSW is considered something that requires urgent repair. Since a new air con will be over $1000 then as per the fair trading website you need to apply for an urgent heading order as below.

    "If the urgent repairs are likely to cost more than $1000 or you cannot afford to pay, you can apply to the NSW Civil and Administrative Tribunal for an urgent hearing order."

  • snooksy on 02/01/2020 - 08:21
    +3

    I suggest holding off on paying the rent until it is repaired. In Victoria all appliances fitted when taking out the lease much be in working order. Call the agent and advise in advance why you are withholding the rent. Explain calmly that you have reported the AC is broken and that no progress has been made to repair it. Make sure you have documentation of when you reported it broken and who you reported it to. I would also mention to the agent that there is a heatwave across much of the country and it is not acceptable to have a broken AC you are paying for as part of your lease. It is a health risk and you will also report the agent to the to fair trading if it still isn’t rectified. It might take a while to organise a repair this time of year but two months is too long. 1-2 weeks seems a reasonable time to wait over Christmas. If the AC was broken when you moved in then you should have reported it right away. Others have suggested that AC isn’t an essential service. I don’t think this is relevant. You rented a property with AC, that part of the property you have been paying for isn’t working so yes a reduction in rent. The worst thing for a landlord is not receiving rent. Hold off paying the rent and explain why. The agent will definitely get hold of the owner then. If the front door was broken it would need to be fixed. If the oven was broken it would need to be fixed. Same as a fence or anything else part of a property you rent. The fitted AC is no different. I suspect that the agent can authorise a repairman to come and inspect the damage.

    • chillybags on 02/01/2020 - 09:15
      +1

      In NSW i threatened to do this and the landlord quickly went into action to get air con replaced. However according to fair trading for nsw, in regards to urgent repairs not being done (heating and cooling is considered an urgent repair):

      "If repairs are not done, you should never stop paying the rent. Withholding rent will put you in breach of your tenancy agreement and your lease may be terminated."

  • AbsX on 02/01/2020 - 09:06
    -5

    Keep asking your landlord for another 2 months for a new or repaired airconditioner.

    Or try xCat

    • AbsX on 03/01/2020 - 09:08

      Lmao at the neggars

      Op is a bit of a shove and clearly needs to be more proactive

  • OzHunterNSW on 02/01/2020 - 10:46
    +1

    Bang… hopefully you have a trail of written correspondence… you take land lord to tribunal and seek (check Section) an Order to Perform.
    Secondly you seek compensation under s187(?) for they failing to maintain the property to the standard you arrived…. believe me… they will take your bond if you Fukked Up.
    It goes both ways. You now seek a % of paint rents over the duration (summer) that your land lord has failed to maintain the property - for which the air con is part there of.
    Do it…. do it…..

    I notice you have a "Real Estate Agent"….. it is they you take to Tribunal —- do not deal with the land lord — your contact and payment is via the Real Estate …
    They are the ones responsible … that is their job… you take tehm (not the land lord) to Tribunal to seek an ORDER FOR PERFORMANCE (i.e. to fix the air con) and you seek COMPENSATION (S187) .

    Do it

  • HeWhoKnows on 02/01/2020 - 18:25
    +1

    All depends how the apartment was described….
    a) in the advertisement (does OP have a copy)
    b) on the lease and condition report

    If no air conditioning was mentioned in the advert and lease or noted as not working then OP has no option other that to sort things out themselves.

    If the air conditioning was mentioned in the advert and/or in the condition report and/or lease then OP has every right to demand the A/C is fixed or get a reduction in rent or end the lease because the apartment is not longer majorly as described.

    The owner does have the right to get a few quotes to either fix or replace the a/c.
    So if the owner is on the case then all OP can do is ask to move in it quickly considering the hot summer everywhere,
    Consider too at present we are in holiday season and many a/c contractors are on holidays so be reasonable.

    OP only needs to say they chose to lease the property because of the air conditioning.

  • suntap on 02/01/2020 - 18:46
    +1

    I am NOT a landlord but a homeowner. I bought another large split system air conditioner at the start of the hot weather, at the start of December, and it is still sitting in two cartons in my garage. Have you thought that the landlord may not be able to get anyone in to repair or replace the air conditioner for you?

    I rang almost every single air conditioner installer in Brisbane and could find no-one to install before mid January, a couple of installers even quoted February install date to me. So maybe you will have to wait until a qualified air conditioner installer/repairer is available in this peak time. Not just any electrician can do the work. I wouldn't have outlaid a large lump of cash on an appliance i couldn't use for almost 2 months, if I had known.

    • Glodys on 02/01/2020 - 23:29

      Yeah I have considered that but the only thing is they seem to just be out looking for quotes still so it's hard for me to believe they've taken a step further in action.

  • Glodys on 02/01/2020 - 23:27
    +2

    Thanks for all the replies guys.

    I called Fair Trading today to see what kind of advice they could give me and they said I was entitled to either reduced rent, a backpay in rent (due to how long it's been) or a termination of the lease without penalty so I will be in contact with the real estate when they reopen next week.

    The air conditioning was mentioned in the original advert and condition report and I do have a copy of both as well as written correspondence with the real estate and the air conditioning guys who came out for quotes so I should have a pretty solid case.

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