NSW Water usage charges

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Yvette CM

Member
23 March 2021
3
2
4
HI all

I hope this message finds you well. My question is rewarding water usage charges at the property I'm currently a tenant. The real estate agent wants me to sign the standard lease agreement which has 'yes' ticked for water usage. The premises are not separately metered and don't have all the required water efficiency measures. I have raised this with the agent but they have said that this is done 'just in case' the landlord wishes to arrange for a separate meter in the future.

Do I still have to sign the agreement? This situation is very annoying as some of my tax money went into the review of the Tenancies Act to avoid grey areas and previous disputes regarding water charges among others. Hence, I don't think what they are asking me to do is lawful. I would appreciate it if someone can clarify this for me and thank you for taking the time to read my post.

Kind regards,

Yvette
 
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Atticus

Well-Known Member
6 February 2019
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Even if you tick yes, the landlord would still have to meet the requirements of the act to bill you for water, ie, separate meter & prescribed water efficiency measures installed...

You could tell the agent that you want a notation included... Something like an aster-ix next to the box you ticked with the notation ' subject to section 39 of the Residential Tenancies Act 2010'

RESIDENTIAL TENANCIES ACT 2010 - SECT 39 Water usage charges payable by tenant
 

Yvette CM

Member
23 March 2021
3
2
4
Thank you Atticus for taking the time to reply. You are right... it did occur to me that 'the landlord would still have to meet the requirements'... My confusion stemmed from the existence of the 'no' option. It is still not clear to me why it is there.

The good news for me is that the agent has agreed to tick 'no' instead :D

Thanks again Atticus and have a great rest of the day.

Yvette
 
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PosComs

Well-Known Member
25 March 2021
28
1
124
Perth, WA
HI all

I hope this message finds you well. My question is rewarding water usage charges at the property I'm currently a tenant. The real estate agent wants me to sign the standard lease agreement which has 'yes' ticked for water usage. The premises are not separately metered and don't have all the required water efficiency measures. I have raised this with the agent but they have said that this is done 'just in case' the landlord wishes to arrange for a separate meter in the future.

Do I still have to sign the agreement? This situation is very annoying as some of my tax money went into the review of the Tenancies Act to avoid grey areas and previous disputes regarding water charges among others. Hence, I don't think what they are asking me to do is lawful. I would appreciate it if someone can clarify this for me and thank you for taking the time to read my post.

Kind regards,

Yvette
Does your situation involve strata management? Our landlord had to pay us back a good amount as we had the same condition on lease.. among a lot of other tenants in a large city residential apartments block.. Strata groups prospectus to the OWNER of their unit revealed the conditions and water charges are included in the Owners fees and then i read the real estates property booklet and the conditions of tenant paying water fees. Dum and Dummer? The informative Strata prospectus revealed how the real estate was ripping the tenant and ultimately doing their client- the landlord am injustice as not only did the do the right thing by paying their Strata fees but now also had to refund the water fees charged over periods of times depending on how long you have been renting.. i believe real estate should've been fined? Is this reportable to the governing body or regulators?
 

Yvette CM

Member
23 March 2021
3
2
4
Hi PosComs

No... no strata management is involved, thankfully! I'm afraid I cannot help you as I'm not a lawyer but I totally agree with 'dumb and dumber' comment. I was told by someone at Fair Trading that there is even a discrepancy about what's considered 'separately metered' so some agents are using that excuse as well. Isn't 'separately metered' defined in the Act document? Duh! Even the REINSW gives clear guidelines about. best practice... He also told me: "In the worst case scenario...just take the matter to the tribunal"... LOL ... That's the whole point! To avoid wasting money at the tribunal! Anyway, thanks for your comment and hopefully someone with more knowledge and expertise can help you with your enquiry. Have a great day!

Cheers

Yvette
 

Scruff

Well-Known Member
25 July 2018
902
133
2,389
NSW
The yes/no option would be there if it's a standard form agreement. Basically, it means that the same form can be used for properties where water charging applies and those where it doesn't. It simply saves having two different forms.

Also, there wouldn't be any need to state "subject to s39" or whatever. Section 39 is a part of all tenancy agreements except for social housing, therefore they can't charge for water without a separate meter and meeting the other requirements in s39.

The meaning of "separately metered" is clearly defined in the Act.
 
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