118No charges payable unless specified in agreement

118 No charges payable unless specified in agreement (1) A tenant is only required to pay the landlord for a charge payable by the owner or occupier of premises for electricity, gas or water supplied to the premises during the tenancy: (a) if the tenant is required to do so under the tenancy agreement; and (b) if the owner would be liable, including by way of a statutory charge or overriding statutory charge within the meaning of the Land Title Act 2000, to pay for the charge if it were not paid by the tenant; and (c) if the premises to which the agreement relates are individually metered for the service or facility to which the charge relates or the agreement states: (i) the service or facility for which the charges are payable; and

Residential Tenancies Act 1999 79 (ii) the method of determining the apportionment of the charge; and (iii) how the charge may be recovered by the landlord from the tenant. (2) A landlord must not request from a tenant an amount for a charge payable by the owner or occupier of premises for electricity, gas or water supplied to the premises unless the amount is calculated in accordance with the tenancy agreement. (3) A landlord who receives money from a tenant for electricity, gas or water supplied to the premises must pay the money to the person to whom the money is owing by the tenant unless the landlord has already paid the money owing.