sch.4-sec.13-oc.2General service charges— ss 164 and 165

### sch.4-sec.13-oc.2 General service charges— ss 164 and 165 The tenant must pay a service charge, other than a water service charge, for a service supplied to the premises during the tenancy if— the tenant enjoys or shares the benefit of the service; and the service is stated in item 12.1; and either— the premises are individually metered for the service; or item 13 states how the tenant’s apportionment of the cost of the service is to be worked out; and item 14 states how the charge may be recovered by the lessor from the tenant. If subclause (1) does not apply to this agreement, the lessor may give the tenant a notice stating— for item 12.1, a service, other than a water service, is a service supplied to the premises for which the tenant must pay; and for item 13, if the premises are not individually metered for a service mentioned in paragraph (a) —the apportionment cost of the service for which the tenant must pay; and for item 14, how the tenant must pay a charge for the service (a general service charge ). The notice— may be given only once for this agreement; and must not take effect for at least 28 days from the date the notice is given to the tenant. If the notice states a date that is less than 28 days from the date the notice is given, the general service charge becomes payable 28 days after the notice is given. The tenant must pay the general service charge during the tenancy in accordance with the notice. Section 165 (3) limits the amount the tenant must pay. (sch.4-sec.13-oc.2-ssec.1) The tenant must pay a service charge, other than a water service charge, for a service supplied to the premises during the tenancy if— the tenant enjoys or shares the benefit of the service; and the service is stated in item 12.1; and either— the premises are individually metered for the service; or item 13 states how the tenant’s apportionment of the cost of the service is to be worked out; and item 14 states how the charge may be recovered by the lessor from the tenant. (sch.4-sec.13-oc.2-ssec.2) If subclause (1) does not apply to this agreement, the lessor may give the tenant a notice stating— for item 12.1, a service, other than a water service, is a service supplied to the premises for which the tenant must pay; and for item 13, if the premises are not individually metered for a service mentioned in paragraph (a) —the apportionment cost of the service for which the tenant must pay; and for item 14, how the tenant must pay a charge for the service (a general service charge ). (sch.4-sec.13-oc.2-ssec.3) The notice— may be given only once for this agreement; and must not take effect for at least 28 days from the date the notice is given to the tenant. (sch.4-sec.13-oc.2-ssec.4) If the notice states a date that is less than 28 days from the date the notice is given, the general service charge becomes payable 28 days after the notice is given. (sch.4-sec.13-oc.2-ssec.5) The tenant must pay the general service charge during the tenancy in accordance with the notice. Section 165 (3) limits the amount the tenant must pay. - (a) the tenant enjoys or shares the benefit of the service; and - (b) the service is stated in item 12.1; and - (c) either— (i) the premises are individually metered for the service; or (ii) item 13 states how the tenant’s apportionment of the cost of the service is to be worked out; and - (i) the premises are individually metered for the service; or - (ii) item 13 states how the tenant’s apportionment of the cost of the service is to be worked out; and - (d) item 14 states how the charge may be recovered by the lessor from the tenant. - (i) the premises are individually metered for the service; or - (ii) item 13 states how the tenant’s apportionment of the cost of the service is to be worked out; and - (a) for item 12.1, a service, other than a water service, is a service supplied to the premises for which the tenant must pay; and - (b) for item 13, if the premises are not individually metered for a service mentioned in paragraph (a) —the apportionment cost of the service for which the tenant must pay; and - (c) for item 14, how the tenant must pay a charge for the service (a general service charge ). - (a) may be given only once for this agreement; and - (b) must not take effect for at least 28 days from the date the notice is given to the tenant.