Is the Landlord Meant to Fix the Air Con in a Rental?

When the air con breaks down in a rental, it’s not always clear who’s responsible for the repairs — the tenant or the landlord. With Australia’s hot summers, having a working air conditioner is often essential for comfort and even health, especially in places like New South Wales. But many tenants are unsure whether it’s their job to fix it, or if the landlord is legally required to step in.

In this article, we break down what the rules say in NSW, when landlords are expected to cover air conditioning repairs, and what tenants can do if nothing gets fixed.

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When the Landlord Is Responsible

If an air conditioner is provided with the rental property — whether it’s a split system, ducted unit, or even a wall-mounted box — the landlord is responsible for keeping it in a reasonable state of repair. This obligation is part of their general duty under the Residential Tenancies Act 2010 (NSW) to maintain the premises in a condition that is fit for habitation and consistent with its condition at the start of the tenancy.

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When air conditioning becomes the landlord’s responsibility:

• It was installed before the lease began: If the air con was already in the property when the tenant moved in, it is considered part of the rental premises.

• It was advertised as a feature: If the listing stated that the property includes air conditioning, the landlord is expected to maintain it.

• It’s noted in the condition report or lease: If the air con is listed in the lease agreement or condition report, it's considered a provided fixture and falls under landlord maintenance duties.

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What “reasonable state of repair” means:

• The air conditioning unit must function properly and be safe to use.

• The landlord must address issues that arise from age, wear and tear, or malfunction not caused by the tenant.

• Repairs should be carried out within a reasonable timeframe, which depends on the severity of the issue and the season (for example, faster during a heatwave).

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Landlords cannot:

• Delay repairs unnecessarily, especially if the failure affects liveability (e.g. during summer).

• Shift the cost of repairs onto the tenant if the system failed due to normal use or aging equipment.

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What tenants should do:

• Report the issue in writing as soon as the air con stops working.

• Keep a copy of all communication for future reference.

• Allow reasonable access to the property for tradespeople to assess or fix the system.

In short, if the air con came with the property, it’s the landlord’s job to fix it when it breaks — provided the tenant didn’t cause the damage. Understanding this helps tenants advocate for timely repairs and prevents disputes over who should foot the bill.

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Situations Where the Tenant May Be Liable

While landlords are generally responsible for maintaining appliances like air conditioning, there are some cases where the tenant may be liable — either for the cost of repairs or for contributing to the issue.

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When tenants may be responsible:

• Damage caused by misuse or neglect: If the air conditioner stops working due to the tenant’s actions — such as tampering with internal components, running the unit with windows open for extended periods, or blocking vents — the tenant may be required to cover the repair cost.

• Failure to clean or maintain: Tenants are expected to take reasonable care of provided appliances. This includes tasks like cleaning accessible filters and ensuring the system isn’t overloaded. A blocked filter causing the unit to malfunction could be considered the tenant’s fault.

• Delaying reporting a problem: If a tenant notices the air con is not working properly but waits too long to report it, they may be liable for any worsening of the damage. For example, ignoring signs like unusual noises or leaks could lead to more serious repairs that might otherwise have been avoided.

• Unauthorised installations or alterations: If a tenant installs their own air conditioner without written approval from the landlord and causes damage to the property (e.g. drilling into walls, overloading circuits), they are likely to be held financially responsible for rectifying the damage.

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Tenants should:

• Use the unit as intended and follow any care instructions provided by the landlord or manufacturer.

• Perform minor upkeep, like cleaning filters or remote controls.

• Report faults as soon as they arise, even if they seem small, to avoid being held accountable for more serious failures down the track.

• Seek permission in writing before installing a portable or fixed unit that requires any modification to the property.

Landlords cannot expect tenants to carry out professional repairs or pay for issues that are part of general wear and tear. However, if it’s clear the problem stems from tenant misuse or neglect, the cost may legally fall on the tenant.

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What to Do If the Air Con Breaks Down

When the air conditioner stops working in a rental, the first step is to determine whether it's the landlord’s responsibility to repair it or if the tenant needs to take action. If the unit is under the landlord’s responsibility, the tenant should act promptly and follow the right steps to ensure it’s fixed without unnecessary delay.

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Notify the landlord or property manager

As soon as you notice that the air conditioning isn’t working properly — whether it’s not cooling the space or making unusual sounds — notify the landlord or property manager in writing. This creates a record of the issue and helps protect your rights if the repairs take too long.

• Send an email or letter clearly stating the problem.

• Include relevant details like when the issue started and how it’s affecting your living conditions.

• Keep a copy of all communication.

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Allow the landlord or agent to organise repairs

The landlord is responsible for arranging the repair within a reasonable timeframe. This timeframe can vary depending on the urgency of the issue.

• If the issue occurs in summer or during a heatwave, it may need to be addressed more urgently.

• Landlords are expected to take action promptly once notified.

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What to do if the landlord doesn’t respond in a timely manner

If you’ve reported the issue and nothing has been done within a reasonable time, consider the following:

• Follow up with another written request.

• If the issue is urgent, you may be able to arrange repairs yourself (see next step).

• Contact NSW Fair Trading for advice or assistance.

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Arrange urgent repairs if necessary

Under NSW law, tenants may organise urgent repairs themselves — up to $1,000 — if the landlord fails to act in a timely manner.

• Notify the landlord in writing before arranging repairs.

• Use a licensed tradesperson.

• Keep all receipts and written records.

• Seek reimbursement from the landlord afterward.

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Understand what qualifies as an urgent repair

Urgent repairs generally relate to health, safety, or security. If the air conditioner breaks during a heatwave or extreme temperatures and causes health risks, it may qualify.

• Vulnerable groups (elderly, young children, or people with medical conditions) may strengthen the urgency of a repair.

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If the issue isn’t urgent, but still unresolved

If the breakdown doesn’t meet the urgent repair criteria but still impacts comfort or liveability, the landlord must still carry out repairs within a reasonable timeframe.

• If they continue to delay or refuse, you may apply to the NSW Civil and Administrative Tribunal (NCAT) to resolve the dispute or order the repairs.

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What If the Landlord Refuses to Fix It?

If you've reported the air con issue and your landlord refuses to fix it — or simply ignores your requests — you still have options. In New South Wales, tenants are protected under tenancy laws that outline how to resolve these types of disputes.

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Follow up with written communication

Start by sending a polite but firm follow-up message:

• Re-state the issue and the date you first reported it.

• Mention that it has not been resolved and is affecting your comfort, health, or quality of living.

• Give the landlord or agent a reasonable timeframe (e.g. 7 days) to respond or take action.

Having everything in writing helps support your case later if formal action is needed.

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Contact NSW Fair Trading

If the landlord still doesn’t respond or refuses to take responsibility:

• You can contact NSW Fair Trading for guidance.

• They may contact the landlord on your behalf and remind them of their legal obligations.

• Fair Trading can also provide dispute resolution services between tenants and landlords.

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Apply to the NSW Civil and Administrative Tribunal (NCAT)

When communication fails and the air con remains broken, you can apply to NCAT for a repair order. Here’s how:

• Submit a formal application online or in person at NCAT.

• Include supporting documents: your lease agreement, condition report, photos, and copies of your messages to the landlord.

• NCAT can legally order the landlord to carry out repairs or, in some cases, reduce your rent if the issue has significantly affected your use of the property.

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What not to do

• Don’t withhold rent: Withholding rent due to unresolved repairs can put you in breach of your lease, even if you're frustrated. Always follow legal channels instead.

• Don’t attempt major repairs yourself without following urgent repair procedures — you may not be reimbursed, and you could be liable for further damage.

Landlords have a legal obligation to maintain the property, and air conditioning that was part of the lease is no exception. If you’ve done everything right and they still won’t fix it, you have every right to escalate the issue and seek a fair outcome.

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Air conditioning might seem like a luxury, but in many rentals — especially across hot parts of New South Wales — it’s a basic expectation. If your lease includes an air conditioner, your landlord is responsible for keeping it in good working order. That includes fixing faults that arise from normal use or wear and tear.

Tenants aren’t expected to pay for or arrange repairs unless they’ve caused the damage, failed to maintain the unit properly, or ignored the problem for too long. If your landlord refuses to act, there are clear steps you can take — from following up in writing, to contacting Fair Trading, and applying to NCAT if needed.

Knowing your rights helps you stay calm, act promptly, and make sure your rental remains a safe and comfortable place to live — with the air con working when you need it most.