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  • #8904

    Hi All

     

    I have previously written on this forum as I have had problems with flooding that has not yet been rectified, I believe from the PM the cost is $2500.00 to replace the carpet.

    I have today received a text message saying I owe $2587.00 in water arrears which is overdue and to pay immediately.

    I have been in this rental property for over 8 years, and have never received an invoice for any water usage – just looked at the agreement, clauses note landlord agrees to pay for water other than than excess water –  then there is another clause for other additional terms:

     

    Tenant agrees to pay for all water used during the term of the agreement (in additional to any excess water for which the tenant has agreed to pay where the charge for the water is calculated according to the metered amount of water consumed and there is no minimum rate chargeable.

     I have tried to discuss some repayment from the landlord on the $1k I paid to clean up the carpet after flooding despite it being my washing machine, the drain in the wet area has a basin welded over top of it so it was not accessible when my washing machine did fllood – I got told from the PM that I am being unreasonable and it was my problem – now I get this text message that I owe this money.

    Does anyone have any advice – I have

    a)   never received any invoices in the last 8 – 9 years

    b)   never had a water meter reading that I am aware of

     

    Do I request all invoices – or what do I do??

     

    Thanks

     

    MollyCry

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  • #18836
    Whale
    Flatchatter

      I don’t know what State/Territory you’re in, and the Tenancy Agreement that you’re quoting from must be an old-style one, but it’s stating that the landlord pays the fixed service charges on the Water Utility Account such as that for the sewerage service, and the tenant pays only for the quantity of water (kL) that they use.

      I can’t explain why you haven’t received a charge from the landlord for your component of the Water Account, but in NSW they’re required to provide tenants with a copy of the Water Utility Account highlighting the ‘usage’ component for which their tenant is responsible.

      If in doubt, then contact your closest tenants’ advocacy group – like Tenants NSW who may also be able to assist you with the carpet issue.

       

      #18840

      Thanks for your response  My Residential Tenancy Agreement is in NSW and was entered into in 2004.   Since 2004 I have never received any invoice for water usage, and cannot see how nearly 10 years later, I receive a text of overdue arrears of $2500 – can PM’s do this?

       

      #18843
      Kangaroo
      Flatchatter

        Molly,

        So the PM is trying to stick you with $1,000 for drying out the carpet plus $2,500 for a new carpet plus $2,587 for water usage arrears = $6,087.

        First, send an SMS back to the PM saying “I do not accept demands for payment delivered by SMS. Please send a hard-copy invoice with copies of all water usage charges for the arrears period to my residential address”.

        Then, go talk to your local tenants group as Whale advised.

        I forget, do you live in an apartment block or villa/townhouse?

        Does the strata scheme have separate water meters for each lot or just a single meter for thew whole building?

        Here is what the current Standard Residential Tenancy Agreement says:

        https://www.fairtrading.nsw.gov.au/pdfs/Tenants_and_home_owners/Residential_tenancy_agreement.pdf

        See clause 11, particularly 11.3.

        Is your old agreement the same?

        If so, the PM doesn’t have a leg to stand on, just like Oscar Pistorius.

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