“My landlord is refusing to fix my air conditioner. What do I do?”
This is a common question I get asked from tenants who are having problems in getting their landlord to repair items around the house.
Your landlord may not want to dip into their pocket but they do have a clear obligation to repair under tenancies legislation.
Life sucks when your aircon’s on the fritz. Pic: iStock
A landlord must ensure that the premises and any supplied items are in a reasonable state of repair at the start of a tenancy and a landlord must keep them in a reasonable state of repair having regard to their age, character and prospective life.
If you do request your landlord to undertake repairs, they then have an obligation to fix it within a reasonable time.
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They must show reasonable diligence to have the repair carried out. I often tell landlords to put themselves in the mindset of their tenant – it might not seem important for you but the tenant is looking at it every day and getting more and more worked up about it.
If it is an urgent repair, one that would potentially cause safety or further damage issues, then get it fixed immediately!
It’s getting hot in here. Pic: iStock
ACs are meant to be enjoyed year-round. Pic: iStock
If your landlord simply refuses to fix it, then the best course of action is to issue them with a Request for Repairs form (downloadable from the CBS website) and set a timeframe for completion of the job.
The form also allows you to select which option to take in the tribunal if the landlord still does not fix it – termination of the tenancy, compensation or an order that the repairs be carried out.
An important point for landlords to remember is that they have an obligation to repair even if the tenant knew about the problem before they moved in.
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For example, if the airconditioner was not working when the tenant moved in – and even if the tenant knew about it – you still have to fix it.
Of course, if you did not wish to fix something that wasn’t working at the start of a tenancy, then you should either remove the item or exclude it from the lease.
So in the example above, you should make it very clear in the tenancy agreement that the airconditioner is excluded (or remove it entirely).
A comfortable tenant is a happy tenant. Pic: iStock
However, you cannot exclude items that are detailed in the prescribed minimum housing conditions such as an oven and cooktop.
Again, communication with your landlord is the key.
This stops the problem potentially getting worse and helps to preserve the value of the landlord’s asset.
– Answer provided by Paul Edwards, REISA Legislation and Compliance Adviser
English (US) · 