NSWIn ForceRegulation
Residential Tenancies Regulation 2019
11Additional charges payable by landlord for gas—ss 38(1A) and 40(1)(h) of Act
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#### 11 Additional charges payable by landlord for gas—ss 38(1A) and 40(1)(h) of Act
11 Additional charges payable by landlord for gas—ss 38(1A) and 40(1)(h) of Act
> > (1) For the purposes of section 38(1A) of the Act, a tenant is exempt from the operation of section 38(1)(a) of the Act, in relation to the payment of any service availability charge, however described, in relation to the supply of non-bottled gas if—
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> > > (a) the premises do not have any appliances, supplied by the landlord, for which gas is required, and
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> > > (b) the tenant does not use gas on the premises.
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> > (2) For the purposes of section 40(1)(h) of the Act, a landlord must pay any service availability charge, however described, in relation to the supply of non-bottled gas if—
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> > > (a) the premises do not have any appliances, supplied by the landlord, for which gas is required, and
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> > > (b) the tenant does not use gas supplied to the premises on the premises, and
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> > > (c) the premises are separately metered.