New legislation came into effect on 1 April 2008 regarding water charges for rented properties.
The Residential Tenancies Act 1994 has been updated, allowing lessors (landlords) to pass on the full costs for water usage to their tenants, under specific conditions.
While lessors have always had the ability to charge for water usage above a reasonable amount for individually metered premises in specific circumstances, this new legislation allows for all water usage costs to be passed onto the tenant where the following set criteria are met:
- the premises are individually metered for water (or water is delivered by vehicle), and
- the rental premises are water efficient, and
- the tenancy agreement states the tenant must pay for water consumption.
To be compliant with the water efficiency level set out in the Residential Tenancies Regulation, toilets, showerheads, and internal cold water taps must:
- have a 3 star rating or higher under the Water Efficiency and Labeling Standards Scheme (WELS); or
- be of equivalent performance.
It is important to note that a lessor is only able to charge tenants for water usage (ie the consumption component of the water charge). They cannot pass on any fixed costs (base charge) for the supply of water to the premises, or for the cost of the installation of water saving devices.
The starting date for water usage costs to be passed on to tenants varies depending on when the tenancy agreement started.
For example, all new tenancy agreements signed on or after 1 April 2008, as well as existing periodic agreements, will be able to pass on the costs where the criteria have been met. Fixed term tenancies which began before 1 April 2008 will have to wait until the expiry of the tenancy or 1 April 2009 (whichever occurs first), before water usage costs can be passed on.
Further information about water charging including a fact sheet and frequently asked questions is available from the Residential Tenancies Authority.
Water Advice Notice (WAN)
Logan Water, in accordance with the new legislation under the Water Supply (Safety and Reliability) Act 2008, is required to provide water supply and consumption information to all residential tenanted properties which are individually metered.
The information supplied for the residence, along with previous daily average usage figures and extra helpful information, is designed to assist the resident in taking individual responsibility for water conservation.