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Evening!
We rent a unit in a block of three. We have had exceptionally high power bills ($1200 being the highest) since we moved in a year ago.
One month ago we discovered that while the units all have separate electricity meters, there are only two hot water cylinders (not entirely sure that the second one is operational) and that the largest cylinder on the property is on our meter.
ie. I am paying for at LEAST the hot water consumption of 6 other people.
We brought it to the agent’s attention, and requested resolution. No answer so we gave notice of 14 days resolution before we contacted NCAT for a hearing.
The concilliation/hearing was today, and the owner’s defence is that the units are all separately metered, so I AM responsible for all charges on my meter. At face value, that appears to be the law, however, I cannot find any legislation/definition of “separate metering” that states that improper metering invalidates the argument.
Any ideas/suggestions/specific legislation that I am able to reference?? The hearing has been adjourned so I am able to gather more evidence.
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There’s a quick and dirty way to bring this to the agent’s attention. Turn off the tap to the hot water except when you’re using it for a few days and see what happens. If it’s only metered to you per the owner’s defence, no-one else should be objecting.
kitten – apartmentalize’s idea is a good one, but turning off the electricity supply to the hotwater tank from the isolator (switch) in your unit’s electricity supply cabinet is a better and safer idea than turning off its water supply, and notwithstanding what you’ve already found out, that too will confirm definitively whether or not the communal hotwater service is actually supplied from there.
Please come back when you’ve done that and confirmed the situation.
I agree with Whales idea the problem is if it is off peak supply that heats the water it will take a couple of days to take effect (my tank takes 5 days before it’s noticeably cooler after switching off the heater).
However have a look at your tenancy agreement
9. The landlord agrees to pay:
9.3 all charges for the supply of electricity, gas (except bottled gas) or oil to the tenant at the residential premises that are not separately metered,
Your hot water is not separately metered so give the bill to the agent and tell him you expect the landlord to pay all power bills until the situation is rectified. You can also inform him (lie) that you will be away for 4 weeks in June and you will be turning off the power during this period (including power to heat the water) and he should inform the other residents that they will have no hot water for 4 weeks.
kitten – I’m inclined to think that at some stage there would have been one (1) hotwater heater for each Unit in your Plan, and that as those progressively failed somebody (possibly the Strata Manager) has expediently arranged for the hotwater supply to those units to be connected to the single hotwater heater that’s still operational; yours!
However without confirmation by a qualified electrician you still can’t prove to the Mediator and to your Owner/Landlord that the electricity usage of that now remaining hotwater heater is recorded only on the meter that records the supply to your unit.
If you don’t want to pay for an electrician or to sneakily turn OFF the hotwater heater as has been suggested, then contact your electricity retailer (who issues your accounts) and ask them to have the electricity distributor for your area (e.g. Ausgrid or Endeavour Energy) send somebody out to check your meters and connections.
Tell your retailer about the very high usage (kW/h) being recorded by your meters relative to the numbers of residents in your unit, and IF the hotwater is separately shown on your account then give them that usage (kW/h), but don’t confuse the issue by referring to what you think is happening with the supply.
If your issues are well received, then make sure that you’re at home when the distributor’s representative arrives, because that’s when you should tell them what you suspect is happening, and when they’ll check it out and if necessary issue a Notice to your Owner/Landlord to have the wiring properly connected.
In the unlikely event that you get no joy from your retailer, then immediately dispute their account in its entirety and lodge a complaint with the Energy and Water Ombudsman.
That’s far preferable approach in my opinion to you trying to argue logic with the often narrowly focused Mediators at the Department of Fair Trading, although the “fix” will likely be to have the hotwater tank connected to the electricity circuit that services only common property, and that will present another problem with determining with how the individual Owner/Landlords will apportion the Owners Corporation’s electricity accounts for what will then be a communal hotwater service.
I would be arranging to shower at work or a friend’s place for a while (unless you are very spartan and don’t mind a cold shower). Then I would turn off the electricity to the hot water – it is your meter, you don’t have to have hot water in your unit if you don’t want to use it. Then see what happens. It should not be many days before the water is coming through cold and the owners of the other two units try to work out what is wrong. Their electrician can identify the problem and document it for you.
I was wrong don’t give your landlord your last bill give him ALL your power bills and ask to be re-compensated which over the last 12 months should be about $5,000.
You do not pay for electricity and gas used in common areas or adjoining premises and if you are being charged you can negotiate with the landlord for compensation. If this fails, apply to the NSW Civil and Administrative Tribunal (NCAT) for orders that the landlord carry out repairs in order to stop this from continuing and for compensation. Contact your local Tenants Advice and Advocacy Service (TAAS) for help.
https://www.tenants.org.au/factsheet-23-utilities
However you will need to engage an electrician to provide you written proof of what you state but this shouldn’t cost more than $200 at most and you should get this back when you win.
see here also (this wouldn’t cut and paste) UTILITIES
https://www.tenantsrights.org.au/Publications_Archive/
The fact is the meter has to be an accurate measure of YOUR usage which your meter is not and if you are not on off peak power for water heating your landlord is liable for ALL your power bills until the meter does record only your usage. If you are on off peak power he is only liable for the off peak cost.
Whale- Thank you! That’s an idea I hadn’t thought of just yet. Will definitely pursue that avenue if I can’t get this claim to stick
Kiwipaul- That second link is exactly what I was looking for! Thanks!
Now to call that electrician…
It never ceases to amaze me the depth of knowledge and experience here. Some great ideas far superior to mine! Good luck (and don’t be afraid to turn off that water if it comes to it, other cranky tenants/agents calling yours can help increase the pressure, but of course you’ll likely get some collateral damage).
Yaaay! A win for the good guys.
The opinions offered in these Forum posts and replies are not intended to be taken as legal advice. Readers with serious issues should consult experienced strata lawyers.
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