QCAT- issue with PM- notice to remedy breach and leaving

We are currently having issues with our PM due to air con issue not being repaired for a long time.

Background:
We moved into this property early 2020 and have noticed the air con makes rattling noises.
The place needed air con to run through at night in summer as there is no insulation or screen doors.
The house has only glass doors so If we shut all the doors at night there is no ventilation.
We mentioned this issue in entry report but did not request our pm to have it fixed immediately as it was still working fine.
However, the rattling noise became worse over time to the point that the whole house shakes.
We verbally requested PM to have it fixed around October but they only sent someone to do quote for landlord's reference, so no further actions were taken after this.
Then we waited till November to finally issue them form 11 Notice to remedy breach.
PM and landlord were given 7 days to remedy the issue.
The issue did not get fixed within this given period. It was fixed a week after the deadline. PM said there was a delay waiting for part to arrive. However, the old air con did not get fixed. Landlord eventually decided to get a new air con.
So we sent them a following form 13 Notice of intention to leave due to failing to remedy breach.

After sending those 2 forms to our PM, they claimed that they didn't do anything wrong because they believe they have done all "necessary" steps to get the air con issue fixed but there was a delay waiting for air con parts to arrive. However, a complete new air con was replaced so there is really no need to wait.

We still moved on to vacate from this property in december after issuing them form 13.
We have brought this matter to QCAT and are waiting for the hearing.

Here is the problem:

Our PM is now harassing us to say that we broke our lease and that we have rental arrears. They have in turn sent us a "notice to remedy breach form" saying we are not paying our rent.

Do we need to take any actions or response since they also sent us form 11?
What is our chances to win in QCAT in this case?

Thanks..

 

You left after they took 14 days to fix a rattling air con instead of the 7 days like you wanted?

Frankly, that sounds like a pretty crappy legal basis to terminate a tenancy agreement.

Am I summarising the situation correctly?

 

Yes, but that was also due to several requests given from us before the notice was sent to them.

 

Did the new Air Con get installed or not? If it was installed and it works, then what was your problem. We had an issue with an air con a few years ago and it took longer than a week just to get a tradesman out to investigate and for him to determine how long it would take for the replacement part to arrive from China. This was long before any trade issues with China. Please take a reality check. Does the new place you have moved into have mosquito screens is more the issue.

 

Sorry not too clear...
How much rent, how many weeks, is owing?

 

Addressing your point that they didn't have to wait for parts, there are often shortages of particular Air-Conditioning units as well, especially right now with COVID. We recently had to look all over the city to find a 7.1kW Mitsubishi Heavy Industries unit, if we hadn't found the last one we may have had to wait weeks. I also regularly have to wait weeks to order Rinnai models.

 

And for people to install them, especially in the middle of summer!

So you want to break your lease because of the minor inconvenience of noise for two weeks? (I know there was a noise earlier, but verbal won't be provable).
Even if the aircon wasn't working for two weeks, it might be hard to justify breaking the lease, but it was working! I don't think it stated in the rental agreement "one quietly working aircon".

I think you'll have to pay up, as I (as a non legal person) don't see you as having justification to break the lease.

Also, as I read it, you sent the form 13 after everything was fixed?

 

tl:dr;
unreasonable to break lease over,
reasonable to claim abatement of rent due to reduced amenity/peaceful enjoyment

 

Do you realise how difficult it is to get an aircon tech out? I had to wait 2 weeks to get someone just before Xmas, 1 week to get the quote back for getting it fixed (which included a note to say that parts had to come in from overseas) so scrapped that idea and have put down a deposit for a new aircon (costing $12k) which is scheduled to be installed as soon as it arrives which will be over 2 months from when I first called the tech to get someone out. If I could have got aircon back within two weeks of it breaking I’d be laughing. It taking so long had nothing to do with me not trying to get the issue resolved or being stingy...! (Heatwave + double story house + young children - minus aircon = hell).

I think your expectations on timing were unrealistic.