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Residential Tenancies Act 1999
118No charges payable unless specified in agreement
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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.