Who is responsible for fixing my leaking air conditioning unit?

Strata LivingRepairs & MaintenanceLot vs Common PropertyRenting in Strata

11 Nov

In this month’s Strata Q&A, we received a question from Lorraine K, a tenant living in a strata scheme in NSW, who is unsure who is responsible for fixing her leaking air conditioning unit. Is it her responsibility as a tenant, or is this something the landlord or the owners corporation should repair?

Q. Who is responsible for fixing my leaking air conditioning unit?

I’m a 73-year-old woman renting a one-bedroom unit in a strata building. There is an air conditioner that was already installed when I moved in, but it leaks water down the wall every time I turn it on, so I’m now scared to use it. My rental agent says I’m responsible for fixing it, but since the air conditioner came with the property, that doesn’t seem right. Should the landlord or the owners corporation be responsible instead?

A. The answer depends on where the fault is located and who technically owns or installed the air conditioning system.

This is a very common issue in strata buildings and the answer depends on where the fault is located and who technically owns or installed the air conditioning system. In a strata scheme, responsibility is split between common property, which the owners corporation must repair and maintain, and lot property, which is the lot owner’s responsibility. If you need a clearer understanding of this distinction, the breakdown of who fixes what in a strata scheme is helpful.

Here is how to work out who should fix the leaking air conditioner.

1. Check the strata plan
If the entire air conditioning system, including the indoor unit, external compressor, and drainage pipes, sits within the boundaries of the lot, it is usually the lot owner’s responsibility to repair it.

2. Look at how the system is installed
Many split systems have drainage pipes or wiring that run through common property walls. If the leak is caused by a blocked or damaged drain line inside a common wall or an issue with structural components, the owners' corporation is responsible for that part of the repair.

3. Was it part of the original building or added later?
If the air conditioner was installed as part of the original construction and shown on the strata plan, the owners corporation may be responsible.

If it was added later by a previous or current owner, usually with by-law approval, it is typically that owner’s responsibility to maintain and repair it.

Your tenancy agreement should include the scheme by-laws, which may clarify responsibility. Your lease may also outline which fixtures the landlord must maintain.

4. Tenant responsibilities
A tenant is only responsible for basic cleaning, such as dusting filters. Tenants are not responsible for repairing leaks, plumbing faults, electrical issues, or malfunctioning equipment provided with the property. The landlord must ensure the air conditioner is working if it was included in the tenancy.

For more on tenant repair rights, see the Tenants’ Union of NSW.

What can you do as a tenant?

Report the issue again in writing to the property manager.
The lot owner should then contact the strata manager to determine whether the fault lies in the lot or common property.
If the issue lies in common property, the owners corporation must arrange the repair.
If it is lot property or a privately installed unit, the lot owner must repair it, not you.
If nothing is done, you may need to seek orders through the Tribunal under the Residential Tenancies Act.

If the leak is coming from a blocked or damaged pipe in common property, the owners corporation is responsible. If the fault is within the indoor unit or a privately installed system, it is the lot owner’s responsibility, not the tenant’s. You are not responsible for fixing a leaking air conditioner in a strata property.