Section 39 — Residential Tenancies Act 1986: Outgoings

39 Outgoings (1) Subject to subsection (2) of this section, all outgoings (including rates, insurance premiums, and water charges) from time to time payable in respect of the premises shall, as between the landlord and the tenant, be payable by the landlord. (2) Subject to subsection (3) of this section, the following outgoings incurred during the tenancy shall, as between the landlord and the tenant, be payable by the tenant: (a) All charges for electricity or gas supplied to the premises: (b) Water charges in respect of the premises (including the cost of charges for standard meter readings) if— (i) The premises have a separate water meter; and (ii) The tenancy agreement stated, at the commencement of the tenancy, that the tenant shall pay for any metered water provided to the premises; and (iii) The water supplier charges for water provided to the premises on the basis of metered usage: (c) All charges in respect of any telephone connected to the premises. (3) Subsection (2) of this section does not apply in respect of any outgoing which the parties have agreed in writing (whether in the tenancy agreement or otherwise) shall, as between the landlord and the tenant, be payable by the landlord. (4) In this section standard meter readings means all meter readings other than meter readings requested by the landlord. (5) In this section premises includes facilities that are exclusively for the use of the tenant. Section 39 was substituted, as from 1 December 1996, by section 17(1) Residential Tenancies Amendment Act 1996 (1996 No 7). See section 17(2) and (3) of that Act as to tenancies that commenced before 1 December 1996.