QLD- can you make the tenant responsible for water consumption

Current provisions under the Residential Tenancies

Act 1994

Sections 89, 90 and 91 of the Act outline the rights

and obligations with respect to service charging, for

non moveable dwellings. Sections 91A and 94 are

special provisions about water charging.

Under the current legislation, lessors are required to

pay all outgoings for the premises, with the exception

of service charges, which include water charges.

Tenants can only be liable to contribute to water

charges if the premises are individually metered or

if water is delivered by vehicle. In addition, the

Residential Tenancies Regulation 2005 requires that

the written agreement state that the tenant must pay

for water supplied to the premises.

The tenant does not have to pay for a quantity of

water for which the lessor should reasonably be

liable. Although this amount is not defined in the

Act, section 94 (3A) does set out factors to which

the Small Claims Tribunal, and by implication the

parties, must have regard in determining the amount

payable by a tenant for water consumption. Tenants

can be charged for water (if individually metered or

delivered) if their use is above a reasonable amount.

Determining this amount under the current

provisions relates to:

• the number of people allowed to reside in

the property;

• information about water usage in the area;

• whether water saving devices are installed; and

• other responsibilities under the agreement the

tenant has which may require water usage,

such as gardens.

The Act also states that the tenant does not have to

pay an amount for outgoings that are more than that

charged by the relevant authority for the quantity of

water supplied. The Regulation also requires that the

tenant must pay the amount within one month of the

lessor providing a copy of the documents outlining

the water charge.