Air-Conditioner Requirements in Rental Properties

In Australia, landlords are not legally required to provide air conditioning in rental properties. However, they must ensure sufficient ventilation to maintain a healthy environment.

If an air conditioner is installed, the landlord must ensure it is in good working order when the tenant moves in, unless the lease states otherwise. Routine maintenance, such as cleaning filters and regular servicing, helps keep the unit running reliably.

Once the tenant moves in, they are responsible for day-to-day maintenance such as cleaning filters as directed in the owner's manual.

Under the Residential Tenancies Act 2010, the landlord is responsible for repairs unless the damage was caused by the tenant's negligence or misuse. If the tenant causes damage through improper use, they are liable for repair costs. Tenants should keep records of any maintenance they carry out in case of a dispute.

The Obligations of the Landlord

Under the Residential Tenancies Act 2010, landlords must maintain all facilities in a rental property in a reasonable condition. If an air conditioning unit was working at the start of the tenancy, the landlord is responsible for keeping it operational throughout.

Maintenance and repairs

Landlords must arrange professional maintenance and repairs for the air conditioning system unless the damage was caused by the tenant's misuse or negligence. If a tenant reports a fault in writing, the landlord must respond within a reasonable timeframe. Tenants cannot withhold rent while awaiting repairs, but they may apply to NCAT for a remedy.

What landlords are not required to do

Landlords in New South Wales are not required to install air conditioning, upgrade to a more efficient system, or ensure the unit meets any particular performance standard. If no AC unit is present at the start of the tenancy, there is no obligation to provide one.

The Duties of the Tenant

Tenants in NSW are responsible for reasonable day-to-day use of the air conditioning and must avoid unnecessary wear and tear. If a fault develops, tenants must notify the landlord or property manager promptly in writing. Failure to report issues may leave the tenant liable for resulting damage.

Tenants must also carry out simple routine maintenance such as cleaning or replacing AC filters as directed in the owner's manual. This prevents avoidable breakdowns and protects the tenant from liability for damage caused by neglect.

Fair Wear and Tear and Damage

The distinction between fair wear and tear and damage determines who pays when an air conditioning unit fails or deteriorates.

What counts as fair wear and tear

Fair wear and tear covers natural deterioration from ordinary, everyday use over time. If an air conditioning unit stops working because of age or regular use, the landlord is responsible for repair or replacement costs. The tenant cannot be charged for this type of deterioration.

What counts as damage

Damage occurs when a tenant causes harm through negligence, carelessness, or misuse beyond normal wear and tear. If a tenant fails to clean filters as instructed, blocks vents, or physically damages the unit and this leads to a breakdown, the tenant is liable for repair costs.

Resolving Disputes Amicably

When landlords and tenants cannot agree on responsibility for air conditioning repairs, there are clear steps to follow. First, document everything: put all repair requests and responses in writing, and keep dated records with photographs where possible.

If direct negotiation fails, contact NSW Fair Trading for free advice and conciliation assistance. NSW Fair Trading can help both parties reach an agreement without formal proceedings.

If the dispute remains unresolved, either party can apply to the NSW Civil and Administrative Tribunal (NCAT). NCAT handles tenancy disputes and can issue legally binding orders. Applications are typically heard within 4 to 8 weeks. Filing fees apply and vary depending on the amount in dispute.

Air conditioning and short-let properties in NSW

If you let your NSW property on platforms like Airbnb, air conditioning presents additional management considerations compared to long-term tenancies.

Short-let properties typically see higher AC usage than residential rentals, with guests running units continuously during warm months. Professional filter cleaning and servicing every 3 to 6 months is recommended, depending on occupancy levels. Keep dated records of each service between guest stays.

If an air conditioning unit breaks down during a guest stay, the host is liable for restoring it promptly. Have a local maintenance contact available who can respond quickly. A broken AC unit in summer can generate negative reviews and complaints.

AirCover does not cover landlord or host maintenance obligations. If the unit fails due to lack of servicing or general wear, that cost sits with the host, not the platform. Budget for this as part of your running costs.