AustraliaMy landlord advertised the property as having air conditioning but it doesn't work. Is this misleading?
Yes, advertising a property with air conditioning that doesn’t work is likely misleading under Australian consumer law.
What the Law Says
Under the Australian Consumer Law (ACL), it is unlawful for businesses—including landlords and real estate agents—to engage in misleading or deceptive conduct when advertising rental properties.
If a landlord advertises a rental property as having air conditioning but the unit is broken, not installed, or cannot cool effectively, this may mislead a reasonable tenant about a key feature of the property.
The ACL applies to all aspects of advertising and representations made before a tenancy begins—even if the issue isn’t discovered until after moving in.
It doesn’t matter whether the landlord intended to mislead; what matters is how the statement would be understood by an ordinary person looking to rent.
Statutory TextA person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.
— Competition and Consumer Act 2010 (Cth), Sch 2, s. 18 — Australian Consumer Law
What to Do
Take photos or video of the non-working air conditioner and save the original advertisement (e.g., screenshot from real estate website).
Contact your landlord or agent in writing to request repair or clarification.
If unresolved, contact your state’s consumer affairs or fair trading agency (e.g., NSW Fair Trading, Consumer Affairs Victoria).
You may also seek advice from Tenants’ Union in your state or the ACCC.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.