Div 11Statutory charges

Division 11—Statutory charges 73—Statutory charges (1) Subject to this Division, it is a term of a residential tenancy agreement that the landlord must bear all statutory charges imposed in respect of the premises. (2) Subject to subsections (3) to (5) (inclusive)— (a) rates and charges for a prescribed service are to be borne as agreed between the landlord and tenant; or (b) in the absence of an agreement, the following provisions apply: (i) if the consumption of the prescribed service to the premises is separately metered— (A) rates and charges for the prescribed service that are based on the level of consumption at the premises are to be borne by the tenant; and (B) rates and charges for the prescribed service that are not based on the level of consumption at the premises are to be borne by the landlord; (ii) in any other case—rates and charges for the prescribed service are to be borne by the landlord. (3) A tenant is not required to pay rates and charges for a prescribed service in accordance with subsection (2) if the landlord fails to provide a copy of the invoice for those rates and charges within 30 days of the issue of the invoice by the authority responsible for the supply of the prescribed service. (4) A landlord must ensure that an amount borne by a tenant under an agreement under subsection (2)(a) or under subsection (2)(b)(i)(A) in relation to the consumption of water at the premises is reduced by— (a) in the case of a tenant on land held as a single title consisting of a single place of residence—the water security rebate amount; or (b) in the case of a tenant on land held as a single title consisting of more than 1 place of residence—the proportionate water security rebate amount, (and if the reduction under this subsection results in a negative amount, 0 is to be substituted for that amount). (5) If, during the period to which an invoice applies for which a landlord obtained the benefit of the water security rebate amount, the premises to which the rebate relates were subject to more than 1 residential tenancy agreement, the landlord must ensure that a reduction under subsection (4) is applied to the amount borne by a tenant under each tenancy agreement on a pro rata basis according to the number of days in the invoice period for which each tenancy agreement respectively applied at the premises. prescribed service—each of the following is a prescribed service: (a) the supply of electricity; (b) the supply of gas; (c) the supply of water; (d) the supply of a service of a kind prescribed by the regulations; proportionate water security rebate amount, in relation to a tenant on land held as a single title consisting of more than 1 place of residence, is the amount that results from dividing the water security rebate amount for that title by the number of places of residence at the land to which the title relates; water security rebate amount, in relation to rates and charges for consumption of water at residential premises, means the amount specified in an account for those rates and charges (whether before or after the commencement of this definition) as representing the rebate for water security purposes. 73A—Agreements relating to installation of solar energy systems (1) A landlord and tenant in respect of a residential tenancy agreement may enter into an agreement under which the tenant is liable for an amount in relation to the costs and charges for the installation of a solar energy system for the premises. (2) In this section— solar energy system means— (a) a solar photovoltaic system; or (b) a solar hot water system; or (c) a solar battery system; or (d) any combination of a system or systems referred to in paragraphs (a) to (c); or (e) any ancillary equipment related to a system referred to in paragraphs (a) to (d). 73B—Excessive water usage charges (1) Subject to this section, if a tenant has been charged for excessive usage of water at the premises caused by a fault in water infrastructure or equipment (both within the meaning of the Water Industry Act 2012), or other appliances, fittings or fixtures relating to water supply, on or connected to the premises, the landlord is liable for that part of the excessive usage charge that is additional to an amount of ordinary water usage by the tenant. Excessive usage charges caused by a leak in the underground pipe of a water service connected to premises. (2) A landlord is not liable for excessive usage charges under subsection (1) unless— (a) the tenant notified the landlord, as soon as practicable, of— (i) the excessive usage charges; and (ii) if the tenant knew or ought reasonably to have known the fault that caused the excessive usage—details of the fault; and (b) the fault was not caused by any action or omission of the tenant. (3) Neither a landlord nor a tenant is responsible for any excess usage charges or other costs for a fault caused by any property that is the responsibility of a water industry entity under the Water Industry Act 2012. (4) A landlord must reimburse a tenant for any reasonable costs incurred by the tenant for diagnosis of the fault referred to in subsection (1) conducted by a suitably qualified person. (5) For the purposes of this section, the regulations may make provision in relation to calculating or determining the amount of excessive usage charges (including by making provision in relation to an amount of ordinary water usage by a tenant).