Conditions for a landlord to pass on water charges to tenants

 

The Residential Tenancies Act 2010 (S39) and the Residential Tenancies Regulation 2010 (S11) mandate that:

A tenant only has to pay the water usage charges for their apartment if:

• the premises are separately metered or the premises
• all showerheads have a maximum flow rate of 9 litres per minute
• all internal cold water taps and single mixer taps for kitchen sinks or bathroom hand basins have a maximum flow rate of 9 litres per minute
• there must be no leaking taps at the commencement of the residential tenancy agreement or when the water efficiency measures are installed, whichever is the later
• the charges do not exceed the amount payable by the landlord for water used by the tenant
• the landlord gives the tenant a copy of the part of the water supply authority’s bill setting out the charges, or other evidence of the cost of water used by the tenant - within 3 months of the issue of the bill for those charges by the water supply authority

Note. Taps and showerheads having a maximum flow rate of 9 litres per minute have a 3 star water efficiency rating.

Additionally, the landlord must:

• give the tenant not less than 21 days to pay the water usage charges
• ensure that the tenant receives the benefit of, or an amount equivalent to, any rebate received by the landlord in respect of any water usage charges payable or paid by the tenant