Landlord Denies Window-Mounted Air Conditioner

With the current soaring temps across the country, I've asked my agent if I could have a window mounted air-conditioner installed professionally into my sole-occupancy unit. Two of my neighbours have them, previously approved by the owner.

The response from the owner via the agent was actually a "no". Further, the owner tells me they don't approve of any portable units using water, and tell me to check with them before purchasing any portable unit.

So, aside from completely overstepping legally through trying to control any non-installed appliance, would this be grounds to break the lease early? It strikes me as a might unreasonable, borderline in breach of the agreement if they intend to try and enforce it.

Or, could I have installed (in a removable way) a window unit regardless with legal impunity?

I'm renting in NSW with the standard tenancy agreement. I'm certainly happy to move, because crazy landlords, but don't want it to be at my cost.

EDIT: ===================

There's a clause in the agreement stating:

"28. The landlord agrees not to unreasonably refuse permission for the installation of a fixture by the tenant or to a minor alteration, addition or renovation by the tenant"

Given two other units have been approved for the exact temporary modification, I can't see how the response is anything but "unreasonable". And given my request is for a removable change without anything permanent, I'm confident NCAT would find in my favor too.

As @HighAndDry pointed out though, that determination is up to NCAT to make. I cannot decide it's unreasonable and just go ahead anyway.

Ultimately though, I probably won't find out. Speaking to my neighbours who know the agent, I don't want the argument. I suspect it's easier to move and find a place with air conditioning provided. Most houses here do.

Comments

  • +3

    Do your neighbours have the same landlord?

    You could offer to pay for the new AC and installation and say leave it there after you leave.

    You could offer a bit more rent if he amgets an AC installed.

    As for portable unit, don't think they can be refused.

    • +2

      Yes, we all share the same owner. It's a small block of units.

      I had initially stated to the agent that I would pay for everything, as well as saying that I would take the air-con with me when I leave.

      So far, I cannot speak to the owner directly. Or at least, the agent is not allowing that direct communication at the moment.

      I know the owner can't refuse any portable unit I choose, it's just a worry that the agent would support breaching the agreement in this way. Other people have said some rather negative things about my agent, suggesting she's a b.i.t…. You know.

      Thank you regardless

        • +40

          Perhaps you're not familiar with window installed air cons? They use the existing "gaping hole", rather than creating new ones.

        • +3

          Hahahahahaha jesus christ you're simple.

      • +4

        All real estate agents are crooks.

    • +1

      I've not asked them. I wasn't even aware of them. Thanks for the suggestion, I will ask them for advice.

    • +25

      So passive aggressive.

      • +6

        Someone asks this style of question on basically every forum post when someone asks anything around a dispute. It's should be Ozbargain and OzPassiveAggressiveAdvice

  • +4

    You've presumably signed a lease for an apartment with no AC, and no agreement that an AC would be installed. You now would like an AC unit installed, but the landlord has declined the request. Why would this possibly be grounds for breaking the lease early?

    • +3

      Being refused to install a window-mounted air-con in itself is not grounds for a breach. Although it may constitute being unreasonable, which might be grounds?

      Regardless, trying to control or deny what other portable appliance I choose is isn't it?

      • +5

        Refusing a request to install a major appliance is not unreasonable. You were aware of the state of the property, its fixtures, fittings, amenities, etc. at the time of signing the lease. You don't then get to demand an improvement with a free option to skip the lease if the improvement is not made.

        • +7

          You don't then get to demand an improvement with a free option to skip the lease if the improvement is not made.

          I'm not. Perhaps you've misread.

          The owner does not have any legal right to control what appliances I may own or purchase, so long as I do not modify the premises. To try and state otherwise is an overstep of the agreement, and a breach if followed through. That is grounds to end the agreement.

            • +3

              @Seraphin7: You're referring to a specific point, a question I asked in the OP, to which you didn't answer, and then tried to berate me rather than answer the question.

              For your benefit:

              Is the owner denying my request to pay for and install a window air-con grounds to break a lease? No.

              Is it unreasonable if the owner allows two other tenants to install such air-con units? Maybe.

              Can the owner be unreasonable under the tenancy agreement?

              From a quick read of the agreement:

              1. The landlord agrees not to unreasonably refuse permission for the installation of a fixture by the tenant or to a minor alteration, addition or renovation by the tenant.

              Apparently, no.

              Maybe you can make an effort to either remain quiet, or be helpful in future posts?

        • +3

          Whats with the incessant boot licking? Wind your neck in champ

        • +1

          What if someone does not know how bad it gets due to different weather conditions ? Like I never knew my roof would leak when it rains and my bedroom turns into an oven in summer. I still have to tolerate it but I am in the same position as OP and get the point.

      • +3

        Nope.

        Further, the owner tells me they don't approve of any portable units using water, and tell me to check with them before purchasing any portable unit.

        He can tell you whatever he wants - you just don't have to listen. That's not a breach of anything.

        • It's interesting actually, and I've been thinking about it. You're right, in that I don't have to listen to them. I don't agree that it's not a breach though.

          The question, does a statement from the owner and or agent suggesting a breach, such as the letter they've sent me, actually a breach?

          Essentially, I've asked for permission to make a small change, installing an air-con unit until I leave, with no permanent changes made. They've responded saying no, plus some additional conditions for me relating to appliances.

          There's two pieces in that response.

          Regarding the later piece of that reply, giving me some additional conditions relating to appliances. I guess, me complying with that is optional. They certainly can't force me to, nor take action if I don't. But, does stating such constitute a breach? I think so. It's a document, from the agent, in relation to my tenancy. Just because it's not enforceable doesn't stop it from being a breach. It would also be a breach to send me a letter saying you have to move out in 7 days, even that again that is not enforceable.

          For the former piece, saying "no" to my request is a breach too I've learned. According to the agreement, the owner may not "unreasonably refuse permission for the installation of a fixture by the tenant or to a minor alteration, addition or renovation by the tenant". Given my request doesn't really alter the property, and other tenants have air-con units, yes, they are being unreasonable, which is a breach of the lease.

          • +1

            @[Deactivated]: Not really. I think you mentioned in another comment of your own - if they try to enforce their rather misguided understanding of their rights, then it'd be a breach.

            According to the agreement, the owner may not "unreasonably refuse permission for the installation of a fixture by the tenant or to a minor alteration, addition or renovation by the tenant".

            I wouldn't put too much stock in the fact that other tenants were approved. Their installation of units could've made the landlord find out additional potential issues which would make his refusal reasonable, not to mention any hardware actually permanently affixed to the property would affect common property, which would then become a body corporate issue. Landlord doesn't even have to refuse, as long as body corporate doesn't approve, you can't do it anyway.

            • @HighAndDry: That could be an issue, except luckily, no body corp :D.

              • @[Deactivated]: Wait, isn't this a strata unit? How is there no body corp?

                In any case, it still doesn't mean just because your LL approved your neighbours' requests, that he has to approve yours. A request to install an aircon unit could be unreasonable, it doesn't mean he has to reject any and all requests, it just means he can. So he can approve theirs and reject yours. Or they could've offered to pay more money, or offered to pay the LL to install one of his own choosing, etc.

                Have you talked to your neighbours about how they got their aircons approved/installed?

                • @HighAndDry: Yeah, I spoke to my neighbours about it. They've been there a few years longer than I. In both cases, they asked, and was told yes, providing it's professionally done.

                  I'm just updating the OP now. I don't believe the owner can refuse. Please check the edit in a sec.

                  • +3

                    @[Deactivated]: Cool, will do.

                    But yeah - the problem is that if the landlord refuses and you think it's unreasonable, your recourse is to apply to NCAT for an order that the landlord allow you to install it. It's not actually "unreasonable" unless NCAT rules that it is (you can't unilaterally decide that it's unreasonable).

                    And then you just get the right to install it.

                    • @HighAndDry: That's a big point actually. You're right. Thanks for pointing that out to me. I'll consider next steps.

                      • +2

                        @[Deactivated]: I had another comment below - if installing the unit doesn't actually need any holes drilled or make any other (semi-)permanent changes (sawing into the window, etc), or otherwise damage the property, an option is just to install one under the reasoning that you can readily remove it so it's not a "fixture", or any kind of renovation or modification.

                        Then the onus is on the landlord to approach NCAT for an order that you remove it if he thinks you should - in which the worst case scenario is that… you remove it (and pay for damages, but if there's none, that's that).

                        That does run the risk of pissing off your landlord, and that can cause its own problems.

                        • @HighAndDry: I feel like any attempt to install a unit now, even without making any changes, would cause issues, as you suggest.

                          I'll find another suitable home.

                          Thank you, again.

                • +2

                  @HighAndDry: If the landlord owns everything, the units, and the shared property between them, there is no need for a body corporate.

    • AC could be construed as a health / safety issue, not just the tenant's whim.

      Landlord is a dunce.

        • +18

          The race did. Many individuals did not.

          Also climate has been changing ☀️

            • +13

              @HighAndDry: I'm not aware of any information suggesting the OP has no at risk people in their unit.

              In contrast, I'm very aware of my young child who is actually at-risk.

              I'm also aware of information you may be interested in. 400 deaths from heatwaves in Australia 2000-9: mobile.abc.net.au/news/2018-01-18/heatwaves-australias-deadliest-hazard-why-you-need-plan/9338918

              And finally, I don't know about you, but I think this sand is nice and cool. Because my apartment isn't :p

            • +14

              @HighAndDry: As a 30 year old with lupus who nearly died from the heat in Adelaide on Thursday that statement about air conditioning being just a luxury really annoys me. I hope you.never have to rely on your "luxury air-conditioner" to not die. If my brain weren't still so foggy from the heatwave I'm sure I'd have more words. Tsss…

            • @HighAndDry: Weather does kill people. It's interesting, I read an article that said 2.5 times as many people in Australia die from cold related deaths as in Sweden. In Sweden everyone has central heating, in Australia only a wealthy minority do. Houses in Australia are very expensive but poor constructed with no thermal or noise insulation. Older people are most vulnerable and a lot of them are poor pensioners, unable to afford electricity for heating or cooling because environmentalists want to make electricity into a luxury for the rich. Environmentalism is class warfare.

              • +1

                @Thaal Sinestro: For example, a peer-reviewed study from 2002 found that Portugal and Spain have higher winter mortality rates than Finland and Germany.

                Its because it gives everyone heartattacks - but its a pretty difficult link to make. As other factors come into play - medication, treatment of the underlying problem initially, diet during winter (more fatty meat).

                So nobody is dying of extreme cold.

  • +1

    they don't approve of any portable units using water,

    Does the contract stipulate that you cannot use a fan with water inside the premises?

    • No, there are no such amendments or clauses to the agreement.

      • +3

        In that case you're free to purchase and use it. Buy the biggest unit with the largest water reservoir.

        There are also portable AC option.

        • I like the way you think :).

          However it would be next to useless, given the usually humid climate in my area. Nobody uses evaporative units here.

          It's just so strange and random. Especially considering the tiled floor and what not that water tends not to damage, you know?

    • -1

      Thanks for the suggestion, but portable units aren't great. They create negative pressure, sucking in cooled air to throw out the exhaust, sucking in more warm air from outside. I've had one before, which did work a bit. They're just inefficient, costly to run, and usually noisy.

      • +3

        Agree they're not perfect, but I bought one for my bedroom to sleep in the heat, and I love the noise compared to the heat. It's a constant droning noise, but I haven't found it as bad as I expected when trying to sleep. The cool air is worth the bill for a good night's rest IMO.

        • I would possibly ensure the inefficiency and noise, and purchase one, except there's an issue with the vertical blinds. I would have to open them somewhat to connect the exhaust port. With a row of units opposite, it kind of breaks my privacy, unless I modify the window to fit some curtains. I don't need any creeps peering through my bedroom window. It would be possible to solve I'm sure, but I'm not ready to concede just yet without exploring all options.

    • +14

      I am :)

      • +1

        Just do what you want anyway then.
        Worst that can happen is they ask you to remove it and make it right, then turf you when the lease is up.
        I tried a window aircon in my place for a while, it would be pretty easy to install without leaving marks/holes as long as you accept it might be a burglary/security weakness.

        • I'm still a few years away from buying at least. So I'm not in a position to be a little less worried just yet. And I would like to also not tarnish my rental record until I'm definitely ready to buy.

    • +2

      In today's lending climate, that's easier said than done for most people.

      • Very quietly, it's not too bad out of the city. I mean, it's still not great, but very achievable.

        I just have a HECS debt which needs to go first.

        • +1

          Yeah from what I have experienced they are now actually expecting you to details all expenses and debt. Before many banks were using estimates.

          • @swapsey: Considering that the mandatory HECS payments are effectively capped too, I don't understand why it matters either. Something something banks.

            • @[Deactivated]: HECS doesn't really matter (as you said) but under legislation banks are required to know their customers expenses and the banks thought they could go off HEM (Household Expenditure Measure as a benchmark for borrowers' living expenses), and did so for for 30+ years.

              Then Royal Commission then said banks were wrong to go off HEM (per legislation) and so now they don't, and now they examine how many kebabs you buy and it's why it takes someone with 50% cash deposit (and can service easily) 45 days and counting for a loan approval.

              I think the bear case for HEM is completely overblown. The market dropped because Chinese buyers disappeared, not because the banks didn't look closely at individual expenses, etc.

      • +1

        Nothing worth doing is easy.

    • +10

      Exactly. How hard can it be? Joe Hockey has even given everyone the secret formula:

      Joe Hockey has advised Australians wanting to buy their first home to "get a good job that pays good money".

      • +7
      • +1

        It's technically sound advice.

        • Well… It may be sound, but it isn't helpful. Hockey's advice seems to be, at least partly, in the realms of chance. Too much chance to be considered good advice I'd say.

          • @HeartFeltAxe: Practically Technically sound advice.

      • Here's a new secret formula. Go socialist, confiscate the excess property of the rich and of overseas owners, and redistribute it to the poor who cannot afford housing. High levels of house ownsership (owner occupier type) is good for society. The division of society into a landlord class and an impoverished renter class is bad (it used to be called feudalism, capitalism is simply neo-feudalism with oligarchs instead of nobles).

        And op, I am sad that you are having these issues. I have a window mounted room air conditioner but only use it sparingly owing to the high cost of electricity; usually I make do with a fan when it is hot.

        • +1

          Secret formula that cannot work in the real world. What incentive does someone have to produce more than they need, in a society where being wealthy puts a target on your head?

          Instead of power belonging to the wealthy, power belongs to the best connected politicians, who are the only ones allowed to be wealthy.

          The biggest issue in any socialist country - North Korea, Venezuela - is a shortage of goods. It is not a coincidence.

          There are problems with unchecked capitalism, the solution is to install more checks.

    • +1

      Yah. Why can't OP just be wealthier? Problem=solved.

  • -1

    the absolute audacity to request a major installation of a wall mounted air con is laughable.

    as for the portable unit, so long as it doesn't affix to the wall, that's fair game

    • +1

      Except they've approved previously:

      Two of my neighbours have them, previously approved by the owner.

      • +3

        I dare say they didn't ask for it with the clause they take it with them when they moved out. If I owned a house and the tenant asked that I would say no too.

        Now if they asked and said they would install it and leave it when they leave (and its a decent unit and installed by a qualified installer) and they asked for say a $5-10 a week decrease in rent, I would likely say yes.

        • Yes, both my neighbours were asked to remove it when they leave. I've also learned, former tenants of my unit, years ago, did exactly this too. This explains the spare fly-screen in the garage in a strange shape.

          Now if they asked and said they would install it and leave it when they leave (and its a decent unit and installed by a qualified installer) and they asked for say a $5-10 a week decrease in rent, I would likely say yes.

          If that were an option, and I have invited the agent to ask the owner to call me to discuss this, I would ask to install a split-system rather than a window-unit. But yes, definitely open to such an arrangement.

      • That doesn't mean it's a reasonable request - the landlord is completely free to also agree to unreasonable requests if he wants. And we have no idea the circumstances of those requests and why they were agreed to.

    • +1

      Not really. But the audacity to ask for a wall mount to be installed and then you take it with you when the lease is up and leaving a gaping hole in the wall, is.

      Now if OP asked if they can install one and leave it there when they move out, well the landlord would be silly to say no, assuming it is a decent unit and installed by a good installer.

      • exactly.

        plus depending on bylaws may even need to get strata approval to install the unit.

        OP has no idea about the arrangement between the other units and the landlord and so what if s/he does. got nothing to do with him/her's rights. maybe theyre paying more rent, maybe they negotiated the lease before signing. or maybe the landlord has subsequently spent hundreds on repair fees and considers it a lesson learned.

    • +2

      Dude it's not major. Easily removed too.

      • -4

        You know this because…. wait, because you're emotionally biased in favour of OP in almost all your comments everywhere.

        • I have installed one myself and removed at end of lease

          • -4

            @swapsey: Right. And you're sure the unit you installed is the same one as the one OP wants to install because…?

            • +4

              @HighAndDry: Your cd is off the charts tonight although it is that time of year so I will give you a mulligan

    • +6

      No, not a wall mount. A window mount, with an additional frame to sit inside an existing window without modifying it. As per the other units.

      I said:

      I've asked my agent if I could have a window mounted air-conditioner installed

      Never would I ask to modify a unit, leaving a hole. That is entirely unreasonable.

      • +2

        But it needs to be (semi-)permanently affixed to the window/window-frame right? Or can it be installed completely without drilling/holes/etc?

        If that's the case you probably don't even need approval… (subject to other factors).

      • yeh admittedly i misread. thought you wanted a wallmount. i didn't even know window mounts were a thing here, had to Google it.

        not sure how window ones work but as a landlord I've had douche tenants put holes in my wall which I've had to fix
        + paint job so if you to need to nail anything in, i'd still say no.

        if it's entirely removable without a trace and not a fixture, it's not our business as a landlord.

    • absolute audacity

      Nope…. Keeping a tenant is better than one moving out and loss of rent for 3 weeks.

      Additionally you can charge a higher rent, which increases your return and can improve the value of the property, more than the $ spent on it.
      Plus you can depreciate anyway.

      Landlords who don't consider these kind of things are morons (Revenue: Rent +$10p/w x52weeks = $520 vs Cost: $2,000 (Aircon+Install) = 25% ROI).
      I mean the whole point of an investment is to make a return, and the higher the % the better.

      Your name is kind on point tho, so you got that.

  • +2

    Ask for the no in writing and the accompanying reasons, at least you will know the owner actually was notified or not.

  • -1

    To be fair, dishwashers, aquariums and the like require prior approval. A portable aircon uses water, and if the place isn't properly ventilated, could cause mould issues.

    So it's not a far stretch for them to deny you a portable aircon.

    • A portable aircon uses water, and if the place isn't properly ventilated, could cause mould issues.

      They usually actually collect water as they de-humidify the air. Depending on the model, they either throw this out the exhaust (out the window), or require manual emptying.

      In either case, they prevent mould issues.

      • This is totally high-school level science which I only half-remember, but cooling a volume of space would create condensation wouldn't it? (but the actual unit would be sticking out the window so it should still be fine in that respect).

        • Oh, yes. I believe they do.

          I was responding about portable units, which I've had once before. They do create condensation on the cold element in the machine. On my old one, this collected into a reservoir, which had to be manually emptied from time to time. My friends had one a while ago which used evaporation to send it out the window in the exhaust.

          In either sense, there's less water in the air as the water condenses on the element, meaning less moisture for mould.

    • +1

      A portable aircon uses water

      What? This is completely and utterly untrue. Portable airconditioners use exactly the same method of cooling as a fridge.

    • +1

      A portable air con does not use water, it condenses water from the air on its evaporator coils. You are thinking of an evaporative cooler, a completely different thing.

  • I would focus on getting a portable unit. They cannot stop you. Its like telling you that you cannot get a toaster.

    • +1

      Yes, you're right, they can't really do anything regarding a portable unit. I might check if there are any good ones, with new technology etc.

      • Good luck.

  • There's an easy solution, get a portable airconditioner, they're cheap, pretty easy to use (just need a place for it to exhaust the hot air).

    You can either just leave the duct sticking out the window for it to throw the hot air outside, or my old trick is to shove the duct into the ducted heating hole and close all of the vents throughout the house. Somehow it works.

  • Looking at everything you've said, it's probable your landlord wants you to break the lease, which frankly is only skin off your nose.

    • I'm not so sure about that so much. I think the agent is just a little hostile to tenants, based on comments from others. The owner I'm told is intensively frugal. It wouldn't be hard to imagine receiving the response I did from people like that.

  • It's a window a/C, just put it in, it's not a permanent fixture, so no reason at all why you have to consult the owner. Put it in, remove when you leave, no-one will even know.

    • no-one will even know

      …aside from everyone who can see it from outside the building.

      Typically, the strata committee would take an interest given potential impact on visual amenity and condensate dripping from the unit.

      • If other units have it, it's not an issue for strata really.

    • Of course it is permanent, you need to bolt a sturdy stand/frame for it to the wall or window frame for it to sit on.

      Sure you can dismantle the stand but how do you remove the holes you made for the bolts, especially if it is in brickwork

      • Never installed a window air con have you? Small ones don't require bracketry being bolted into any brick.

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