water arrears
📖 What is water arrears? Meaning and definition
Water arrears are amounts of money that a tenant owes to their landlord for unpaid water rates. These arrears can accumulate over time if the tenant does not pay their water bills as they become due. Landlords often apply to the Tenancy Tribunal to recover these unpaid amounts, alongside other debts like rent arrears or filing fees.
In practice, when a tenancy ends or when a landlord seeks to terminate a tenancy, they may include a claim for water arrears as part of their application to the Tenancy Tribunal. The Tribunal will assess the evidence provided by the landlord, such as water invoices, water meter readings, and tenancy ledgers, to determine the exact amount owed by the tenant. If the claim is proven, the Tribunal will order the tenant to pay the outstanding water arrears.
Payment for water arrears is typically prioritised alongside rent arrears. For example, if a tenant is ordered to pay a total debt, the payment might first be allocated to rent and water arrears before covering other costs like filing fees. Failure to pay these ordered amounts by a specified due date can lead to serious consequences, such as the termination of the tenancy and the landlord taking immediate possession of the property, with the full balance of the debt becoming immediately payable.
📋 Requirements
- The tenant must be responsible for water charges under their tenancy agreement.
- Water invoices or other proof of water usage and non-payment must be provided.
- The amount of water arrears must be clearly established, often through a tenancy ledger or water meter readings.
📝 Procedure
- The landlord applies to the Tenancy Tribunal for recovery of water arrears.
- The landlord provides evidence such as water invoices, a photo of the water meter final reading, and a tenancy ledger.
- The Tenancy Tribunal hears the application, even if the tenant does not attend.
- If the claim is proven, the Tribunal issues an order for the tenant to pay the water arrears.
💡 Examples
- A landlord applied to the Tenancy Tribunal for termination of a tenancy and sought payment for both rent and water arrears, providing a detailed breakdown of the amounts owed.
- After a tenancy ended, a landlord produced all water invoices, a photo of the final water meter reading, and a tenancy ledger to prove that a specific sum was owing for water arrears.
- The Tenancy Tribunal ordered a tenant to pay a total debt, specifying that payments would be allocated first to rent and water arrears, then to the filing fee.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
What evidence does a landlord need to prove water arrears?
A landlord typically needs to provide evidence such as water invoices, a photo of the water meter's final reading, and a tenancy ledger that shows the outstanding amounts. This helps the Tenancy Tribunal verify the claim.
Can a tenancy be terminated because of water arrears?
Yes, if a tenant fails to pay water arrears as ordered by the Tenancy Tribunal, especially when combined with rent arrears, the Tribunal can order the termination of the tenancy and grant the landlord immediate possession of the premises.
Are water arrears usually claimed with other debts?
Yes, water arrears are frequently claimed by landlords alongside other debts such as rent arrears, compensation for cleaning or damage, and reimbursement of the filing fee when applying to the Tenancy Tribunal.
How are payments allocated if I owe both rent and water arrears?
Based on Tribunal orders, payments are often allocated in a specific order, typically prioritising rent and water arrears first, before covering other costs like the filing fee.
What happens if I don't pay the water arrears by the due date?
If you fail to pay the ordered debt, including water arrears, within the specified timeframe, the balance of the debt may become immediately payable, and your tenancy could be terminated, leading to the landlord gaining immediate possession of the property.