Who pays water rates in Victoria ?
- Thread starter hwd007
- Start date
Yea but in Victoria I think its the landlord that pays usage. I see that you are in the ATC which may be different like in QLD ? I'm not really sure. More confused than ver now. :/
Oh well I have been claiming it as a tax deduction as I have been paying for its usage, but I will check and try to find out who is supposed to pay it.
Oh well I have been claiming it as a tax deduction as I have been paying for its usage, but I will check and try to find out who is supposed to pay it.
Section 52 of Division 4 of the Residential Tenancies Act of Victoria (1997) states that the tenant must pay for the usage of utilities (incl water) where they are separately metered.
http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/s52.html
Section 53 lists the Landlord's responsibilities wrt utilities fees.
http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/s53.html
Hope this helps.
David
http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/s52.html
Section 53 lists the Landlord's responsibilities wrt utilities fees.
http://www.austlii.edu.au/au/legis/vic/consol_act/rta1997207/s53.html
Hope this helps.
David
The QLD Tenancies Act (1994) seems to allow for flexibility to be worked out between the landlord and tenant.
It also depends on whether each unit is individually metered, and how the local council charges.
See http://www.housing.qld.gov.au/ch_online/legal_issues/rta/pdf/s-internet.pdf under Service Charges.
David
It also depends on whether each unit is individually metered, and how the local council charges.
See http://www.housing.qld.gov.au/ch_online/legal_issues/rta/pdf/s-internet.pdf under Service Charges.
David
In QLD it has traditionally just been part of council rate bills which are paid by the landlord but in the current climate, councils seem to be talking (conditioning everyone!) about water conservation, meters and price hikes and It wouldn't surprise me in the not so distant future where it becomes a tenant responsibility the same as electricity or gas. Expecting tenants to maintain lawns and gardens could be a problem then though! hmm......
Sorry this is a bit long, but this was something that I had a minor problem with recently. I gave up after reading up on this matter, as one has to cover "all the issues" if you wanta go in and "play hard ball" over the a little bit extra water that tenants commsumed (Was it the leaking taps? Was it an older toilet cistern? Was it the tenant's long showers? etc etc). Told agent to note the water meter and any excess usage in the next lease.
Danny D.
Fact sheet - www.rta.qld.gov.au
(in part)
"The lessor/agent can only ask you to pay for water use if the property has an individual water meter. The lessor must pay for your reasonable water use, and can only charge you for extra water used above that amount. When you move in, you should record the water meter reading on the Entry Condition or Report (Form 1a). You should agree with the lessor/agent about what 'reasonable' water use means, and include this as a term in the agreement. If you and the lessor/agent disagree about water charges, refer to pages 18-19 ‘Resolving disputes’.
Also,
Source: RTA Update - Winter 2002
Charging for water in a rental property
The issue of water charging during a tenancy agreement is one that can cause some anxiety between a property manager and tenant during a tenancy agreement. Under sections 90 and 91A of the Residential Tenancies Act 1994 lessors are generally responsible for providing and paying for a reasonable amount of water supplied to the premises.
Water charges may be passed on to the tenant only where premises are individually metered, as is the case with most houses and some units. However, the tenant does not have to pay an amount for water for which the lessor should reasonably be liable. If water charges are to be passed on, tenants and property managers should negotiate the amount for which the lessor should be reasonably liable at the start of the tenancy and include this in the tenancy agreement.
When calculating the amount, the lessor and property manager should consider the following:
• What is the average water usage in the area?
• How many people will be living in the premises?
• How large is the block or yard?
• Are there gardens or lawns, which the lessor wants watered? (If the lessor has exotic plants or an extensive garden they want the tenant to maintain, they should be taken into consideration when deciding the amount).
• How does the local council charge for water?
• Is there a pool or other special items that use a lot of water?
• Are the premises fitted with water saving devices, such as dual flush toilets, built in watering systems and shower roses?
• What should the lessor reasonably pay for?
If the property is not individually metered, water charges cannot be passed on to the tenant. Property managers and lessors can take into account lessors’ costs when setting rent amounts. It is important that the tenant knows to advise their property manager immediately if, for example, there are leaking taps, of if the pool has sprung a leak and needs to be topped up with water every week. If the tenant does not notify the lessor and there is an increase in water costs, the lessor may pursue the tenant for the increased costs. Ultimately, whether or not the tenant is liable for the increased costs would be a matter for the Small Claims Tribunal.
If the rental property includes a water tank, the lessor is responsible for ensuring that a reasonable amount of water is provided to the premises. At the beginning of the tenancy, there should be a provision for the tank to hold a reasonable amount of water for the tenancy at the lessor’s cost. The lessor and tenant may agree to include a term in the tenancy agreement about water costs that are reasonable for the lessor to pay and those costs to be paid by the tenant. It is also good practice to encourage your lessor to pass on the water charges to the tenant as soon as the bill has been received.
There have been some instances where lessors have given a lump sum bill to a tenant at the end of a tenancy, rather than during the life of the tenancy. In some instances this has been for over five years of water bills and several thousand dollars which the tenant is not expecting to pay. To avoid disputes about water charging, all parties are encouraged to negotiate an agreement about the amount of water it is reasonable for the lessor to pay, and once agreed, include it in writing in the tenancy agreement.
Danny D.
Fact sheet - www.rta.qld.gov.au
(in part)
"The lessor/agent can only ask you to pay for water use if the property has an individual water meter. The lessor must pay for your reasonable water use, and can only charge you for extra water used above that amount. When you move in, you should record the water meter reading on the Entry Condition or Report (Form 1a). You should agree with the lessor/agent about what 'reasonable' water use means, and include this as a term in the agreement. If you and the lessor/agent disagree about water charges, refer to pages 18-19 ‘Resolving disputes’.
Also,
Source: RTA Update - Winter 2002
Charging for water in a rental property
The issue of water charging during a tenancy agreement is one that can cause some anxiety between a property manager and tenant during a tenancy agreement. Under sections 90 and 91A of the Residential Tenancies Act 1994 lessors are generally responsible for providing and paying for a reasonable amount of water supplied to the premises.
Water charges may be passed on to the tenant only where premises are individually metered, as is the case with most houses and some units. However, the tenant does not have to pay an amount for water for which the lessor should reasonably be liable. If water charges are to be passed on, tenants and property managers should negotiate the amount for which the lessor should be reasonably liable at the start of the tenancy and include this in the tenancy agreement.
When calculating the amount, the lessor and property manager should consider the following:
• What is the average water usage in the area?
• How many people will be living in the premises?
• How large is the block or yard?
• Are there gardens or lawns, which the lessor wants watered? (If the lessor has exotic plants or an extensive garden they want the tenant to maintain, they should be taken into consideration when deciding the amount).
• How does the local council charge for water?
• Is there a pool or other special items that use a lot of water?
• Are the premises fitted with water saving devices, such as dual flush toilets, built in watering systems and shower roses?
• What should the lessor reasonably pay for?
If the property is not individually metered, water charges cannot be passed on to the tenant. Property managers and lessors can take into account lessors’ costs when setting rent amounts. It is important that the tenant knows to advise their property manager immediately if, for example, there are leaking taps, of if the pool has sprung a leak and needs to be topped up with water every week. If the tenant does not notify the lessor and there is an increase in water costs, the lessor may pursue the tenant for the increased costs. Ultimately, whether or not the tenant is liable for the increased costs would be a matter for the Small Claims Tribunal.
If the rental property includes a water tank, the lessor is responsible for ensuring that a reasonable amount of water is provided to the premises. At the beginning of the tenancy, there should be a provision for the tank to hold a reasonable amount of water for the tenancy at the lessor’s cost. The lessor and tenant may agree to include a term in the tenancy agreement about water costs that are reasonable for the lessor to pay and those costs to be paid by the tenant. It is also good practice to encourage your lessor to pass on the water charges to the tenant as soon as the bill has been received.
There have been some instances where lessors have given a lump sum bill to a tenant at the end of a tenancy, rather than during the life of the tenancy. In some instances this has been for over five years of water bills and several thousand dollars which the tenant is not expecting to pay. To avoid disputes about water charging, all parties are encouraged to negotiate an agreement about the amount of water it is reasonable for the lessor to pay, and once agreed, include it in writing in the tenancy agreement.
In the block of units in Melbourne where I have one, and are connected to Yarra Valley Water, the units have individual meters.The tenants pay for the water that they use and the owners pay for the water service and sewerage service. A drainage charge on behalf of Melbourne Water and an annual charge on behalf of Parks Victoria is also paid by owners. Also, as we have a common garden and a toilet for tradesmen, or should that be tradespersons, there is a meter for them which is paid for by the body corporate. Before the owners decided to have the individual meters installed, the owners paid for everything. Hope that helps a bit.
Blondie.
Blondie.
