water charges
📖 What is water charges? Meaning and definition
Water charges refer to the costs incurred for water used at a rental property. In New Zealand tenancy law, tenants are generally responsible for water charges that are exclusively attributable to their occupation or use of the premises and its facilities. This means that tenants are typically liable for charges based on the amount of water they consume, rather than fixed water rates.
The liability for water charges often arises when a tenancy ends, particularly if there are outstanding amounts. For example, in cases of abandoned tenancies, landlords may claim unpaid water charges as part of the total amount owed by the tenant. The Tenancy Tribunal can order tenants to pay these charges, alongside other costs like rent arrears.
It is important to distinguish between water charges based on consumption and fixed water rates. While tenants are liable for consumption-based charges, they may not be responsible for fixed water rates. If a tenant has paid fixed water rates, they might be able to claim reimbursement for these from the landlord, especially if there were also issues like leaks at the property that contributed to higher charges.
Landlords must provide evidence to persuade the Tenancy Tribunal that the tenant owes specific water rates based on consumption. The Tribunal will assess this evidence to determine the amount owing, ensuring that the charges are properly attributed to the tenant's use.
📋 Requirements
- The water charges must be based on consumption.
- The charges must be exclusively attributable to the tenant's occupation or use of the premises or facilities.
- The landlord must provide evidence of the amount owed for water rates.
📝 Procedure
- The landlord applies to the Tenancy Tribunal for outstanding water charges.
- The landlord presents evidence, such as a rent summary or water bill, detailing the charges.
- The Tenancy Tribunal assesses the evidence to confirm the charges are consumption-based and attributable to the tenant.
- If satisfied, the Tribunal makes an order for the tenant to pay the owed water charges.
💡 Examples
- A tenant was ordered to pay $4,130.54 in water charges up to the end of their tenancy, as part of a larger claim for an abandoned property.
- A landlord successfully claimed $643.44 in water rates from a tenant, based on the tenant's consumption up to a specific date.
- A tenant applied for reimbursement of fixed water rates charges and water charges following a leak at the property, suggesting these were not their sole responsibility.
- The Tenancy Tribunal included water charges in the total amount payable by a tenant to a landlord after an abandoned tenancy.
📚 Legal basis
- Residential Tenancies Act 1986
❓ Frequently asked questions
Am I responsible for all water charges at my rental property?
No, generally you are only liable for water charges based on your consumption that are exclusively attributable to your occupation or use of the premises. Fixed water rates are typically not your responsibility.
What if there was a leak at the property that increased water usage?
If a leak caused higher water charges, you might be able to claim reimbursement for those specific charges, especially if they were fixed rates or not solely due to your consumption.
How does the Tenancy Tribunal decide if I owe water charges?
The Tribunal will consider evidence provided by the landlord, such as water bills or summaries, to determine if the charges are based on your consumption and are directly related to your use of the property.
Can a landlord claim water charges after I've moved out?
Yes, landlords can claim outstanding water charges, along with other costs like rent arrears, after a tenancy has ended, especially in cases of abandonment.
What kind of evidence do I need if I dispute water charges?
If you dispute water charges, you would need to provide evidence to support your claim, such as proof of payment for fixed rates or details about a leak that was not your fault. It is advisable to seek legal advice for complex disputes.