What Are My Options in Regards to AC Repair as a NSW Tenant?

As you might expect from the title, I'm currently a tenant in a property in Sydney where the AC was working when we signed our lease last year, however a few months ago it broke. The landlord came out personally to inspect this and has since advised she has had a quote of $10,000 for the repair (cooling tower in an apartment complex) and that strata won't allow installation of a split/system.

Now, that was all well and good, but I have not heard any updates since then. A rough timeline of events, note probably worth pointing out in this case that my landlord is also my real estate agent and I always left roughly two weeks between each follow up -

  • early July, AC breaks, leaks water into apartment. technician comes out on the day to stop the leak and prevent further damage, advises me that the unit is broken and will relay back to landlord
  • few days later, landlord attends scene to check for any water damage, offers to provide a heater if needed for winter and advises of the $10,000 quote figure. I politely declined the heater as the apartment holds warmth well, but asked if the AC is not repaired by Summer can we be provided an alternate cooling solution.
  • early August my lease expires, I email the landlord and the real estate asking if there is any update regarding the AC and offer to renew the lease. No response
  • late August I send a follow up email, again with no response.
  • few days later, call the landlord direct, goes straight to voicemail, ask for callback. no response
  • early September I send another follow up email, as well as call the real estate office asking if my agent is in and if we can set up an appointment in person or over phone. real estate declines citing COVID
  • late September, I repeat the process. Note at this stage I've been replying to my old sent email, so all my requests for updates are in the one email chain.
  • last week, I call the landlord again, straight to voicemail. Leave my details and, as of 18th October, still no response

Now, I know my lease has expired, but from what I can gather in reading tenancy rights, since the AC was working at time of moving in, I should be entitled to this to be repaired in a timely manner for the duration of my tenancy? I understand the quoted costs are high, and I'm not being confrontational in my communications, I'm just asking for some sort of update so I can have my expectations right.

Appreciate if anyone has any options or avenues I can explore? And, I know I could just look at moving, but we've been here for quite a while now and never had an issue before (have had other repairs done relatively seamlessly during our time here), which is why this communication breakdown is even stranger.

Comments

  • +1

    They have to repair it as an urgent repair and worked at the time of signing the lease. Here is the process

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

    They probs don’t have $10k to repair it.

    You could also ask for a rent reduction due to lost amenity. However they may issue a termination to you as retaliation.

    • Yeah that's one thing I'm worried about is being asked to leave. I'd be happy to try and negotiate but the issue is it's just been a one-way street with this repair job compared to others.

  • +1

    Hi,
    I think you should be looking at a Landlord Rectification Order
    https://www.fairtrading.nsw.gov.au/housing-and-property/rent…

    Also, from March 23, 2020
    Minimum standards to clarify ‘fit for habitation’ includes in "have adequate ventilation."
    https://www.fairtrading.nsw.gov.au/housing-and-property/rent…

    These standards must be maintained throughout the tenancy (by making repairs).

    It doesn't seem reasonable you should be paying for AC and looking down the barrel of Summer without
    AC.

    If you can make the "unfit for habitation" fly, then they probably won't be able to Rent it to anyone else until remedied.

  • -2

    Generally cooling isn't an emergency option, so go out and buy a portable cooler.

    • It is in nsw

    • As another user mentioned, it falls under emergency repairs here in NSW.

      • +1

        Roger, fair enough.

    • +1

      Yes, op should have to pay because something broke that was present when they signed the lease /s

  • Was the airconditioning system advertised in the ad and is it included in the contract?
    If it is not mentioned anywhere, it will be an uphill battle for you, as they never promised it.

    • +2

      Yes, in the lease it was included and denoted as so.

  • It sounds like their plan is to eventually have you leave, whether by you deciding to or them asking you to. And then renting it out again without cooling.

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