Water rates

[goddessk]

Hi, apologies if this has been asked before. I did a quick search but couldn't find anything.

I have a property in NSW and I pay the water usage and then claim it back off the tenant through the estate agent. The tenant is well behind ($500 over the course of a year) on paying back the rates and is only contributing $20 a month towards the rates.

Does anyone have any experience with this to advise the following:

1. Can I pay just the general owner fee each quarter and send the useage fee to the tenant with the instruction to the agent that it must not come out of the rent?

2. Can I refuse to pay the water rates and let the water be cut off if the tenant doesn't pay?

3. Am I able to request the council to put the water useage into the tenants name?

I have been fair and reasonable over the last 12 months and not threatening the tenant but a year is a long time to wait. Pretty soon the water bill will exceed the bond and if the tenant leaves I am out of pocket. I would like to take action but not sure what to take.

Any suggestions are welcome and appreciated. Thanks.

 

[Burbs]

Hi. I have noticed many estate agents overlook the collection of water consumption from tenants, resulting in water arrears which often exceed any rent arrears, and as you have noted, can easily exceed the bond. This is the process my agency uses:

1. Ensure the tenancy agreement states that the tenant is to pay for water consumption.
2. Invoice the tenants for water on the day that the water account comes in and give them 14 days to pay (with a little tenant training, you can often receive the funds from the tenant prior to the account coming due).
3. If not paid after 14 days, send a letter demanding payment and stating if the account is not paid in 7 days, IT WILL BE DEDUCTED FROM THEIR NEXT RENT PAYMENT.
4. If not paid, deduct from the next rent payment. This will probably cause the tenant to fall into arrears, at which point we commence our normal arrears process - notice of termination, lodgement on ntd/tica, court application, notification to debt collection agency etc.

If you follow this process strictly, your tenants will either learn their lesson quickly, or get evicted. It works.

 

[callander]

Here at our agency in Vic (may differ from state to state) provided the property is seperatly metered the water usage bill goes straight to the tenant in their name, exactly like the power, phone, gas.

When the tenant is signing leases etc the also fill out a water form that is then faxed to the water authority and they then set up the account for water usage for the tenant.

 

[buzzlightyear]

Here at our agency in Vic (may differ from state to state) provided the property is seperatly metered the water usage bill goes straight to the tenant in their name, exactly like the power, phone, gas.

When the tenant is signing leases etc the also fill out a water form that is then faxed to the water authority and they then set up the account for water usage for the tenant.

NSW laws are slightly different from Victoria's. Water can only be charged to the tenant if the propertry is separately metered and there is a clause in the tenancy agreement which says the tenant must pay this amount.

As I understand it, if landlords are behind in their water charges/rates, tenants have the ability to pay the outstanbding rates in lieu of the rates. It would seem that the same logic should apply if a tenant who is obliged to pay for water usage and is arrears, part of their rent should go to paying outstanding water bill. (Of course I did say logical!)