Brisbane water sufficient compliance

Discussion in 'Property Management' started by melbourne171, 1st Dec, 2017.

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  1. MyPropertyPro

    MyPropertyPro REBAA Buyer's Agents Sutherland Shire & Surrounds Business Member

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    It's great that they do this but again, this is just good service and an internal policy most agencies adopt as part of their service provisions. The PM is only asking for it to protect the owner as part of their role, not to protect themselves. If any PM tells you otherwise, then they don't understand the law either.

    You don't need a certificate either, you just need to be able to prove it's compliant, if asked. This could be a building contract or even receipts of the appropriate parts that you purchased at Bunnings. Most people use a certificate because it's the easiest way to prove compliance, that's all.

    I can absolutely guarantee there is nothing unlawful about a PM passing on water charges at the direction of the owner if the owner hasn't provided proof to the PM.

    Frankly, it's a little scary sometimes at the lack of understanding I read on here about the PM/owner relationship and legal responsibilities when it comes to property investment!
     
    kierank likes this.
  2. Marg4000

    Marg4000 Well-Known Member

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    I wouldn't think receipts from Bunnings would be sufficient without evidence the items were actually fitted to the premises and that ALL necessary fittings were installed.
    Marg
     
    Antoni0 likes this.
  3. MyPropertyPro

    MyPropertyPro REBAA Buyer's Agents Sutherland Shire & Surrounds Business Member

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    Well I guess that's why investors on this forum should be careful about listening to unqualified advice on the legalities of water compliance and other aspects of property investment ;)

    New South Wales

    "Proving water efficiency
    The presence of the water efficiency measures needs to be noted on the ingoing Condition report for the premises. There is no requirement to provide a report from a plumber or the water supply authority certifying their existence. However, it may help to keep:

    • invoices or file notes of work done
    • receipts for any items bought
    • packaging, warranties or instruction manuals.
    If you are unsure if your existing taps and showerheads meet the required standards you could carry out a simple bucket and stop watch test to see if, when fully turned on, the flow rate is less than 9 litres in a minute.

    For any water fixtures made from 2005 onwards, the easiest way to check if they meet the required efficiency standard is to look for products with a Water Efficiency Labelling and Standards scheme (WELS) rating of three stars or higher. A three star rating indicates a maximum flow rate of 9 litres per minute. WELS is Australia's water efficiency labelling scheme which rates fixtures including taps and showerheads according to water efficiency."


    Passing_on_water_charges

    Queensland

    "Proving water efficiency
    It is a good idea for the property manager/owner to be able to demonstrate the presence of water efficient fittings by having copies of:

    • plumbing reports (or compliance certification)
    • receipts
    • packaging
    • warranties or instruction manuals for taps and showerheads"
    Water charging | Residential Tenancies Authority
     
  4. D.T.

    D.T. Specialist Property Manager Business Member

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    Maybe we should copy that info into the water charging tip?
     
  5. MyPropertyPro

    MyPropertyPro REBAA Buyer's Agents Sutherland Shire & Surrounds Business Member

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    Whilst I broadly agree that most property managers are not up to scratch when it comes to management, investors who throw stones or seek to issue unqualified advice best be sure of their convictions before doing so. I often see the irony in people bagging property managers for being hopeless, when they appear not to understand liability, their obligations or know the rules themselves.

    It's probably not being missed. Outside taps are not required to be tested for water efficiency.
     
  6. Antoni0

    Antoni0 Well-Known Member

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    I'm not just talking about restrictions on outside taps they remove them from inside shower heads or replace the shower heads all together. An exit report on a house should include any damage that's been done to a house including damage to external plumbing.

    I've seen it time and time again where PMs sign off on inspection reports and take selective photos missing major problems on rental houses. How on earth can a PM sign off on the condition of a laundry when it's in the garage and then they state on the report the garage was not inspected because the tenants refused them access. So when these tenants left I find that they've punched holes through the wall in the garage but yet the PM sighed off on the laundry as being OK.This is only one story of many.
    laws.png
     
    Last edited: 3rd Dec, 2017
  7. melbourne171

    melbourne171 Well-Known Member

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    I have water sufficient certificate when the property with previous PM and tenants. Unfortunately, I lost this certificate. And the worse, I did not keep any copy of rent agreement for reference. Now, I have to ask the PM for rent agreement.

    Can tenant legally request all money refund? I do not think so, as the Queensland
    Residential Tenancies and Rooming Accommodation Act 2008 says:

    166.
    (4) If during a period the premises are not water efficient, the
    tenant may only be required to pay an amount for the water
    consumption charges payable for the premises for the period
    that is more than an amount payable for a reasonable quantity
    of water supplied to the premises.

    (5) Without limiting subsection (4), in deciding what is a
    reasonable quantity of water for subsection (4), regard must
    be had to the matters mentioned in section 169(4)(a) to (e).

    169.
    (4) In deciding an amount payable by a tenant for outgoings for a
    water service charge, the tribunal must have regard to the
    following—
    (a) relevant available information about water usage and
    charges for premises in the local government area in
    which the relevant premises are situated;

    (b) the area of the relevant land;
    (c) any terms of the agreement affecting the amount of
    water used;

    [s 170]
    Residential Tenancies and Rooming Accommodation Act 2008
    Chapter 2 Residential tenancy agreements and rooming accommodation agreements
    Current as at 10 November 2017 Page 115
    Authorised by the Parliamentary Counsel
    (d) the presence or absence of water saving devices in the
    premises;
    (e) the number of persons occupying the premises;
    (f) the quantity of water for which the lessor should
    reasonably be liable;
    (g) anything else the tribunal considers relevant.
     
  8. Big Will

    Big Will Well-Known Member

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    Why don't you have a backup? I can recall three places have records of my water compliance without thinking.

    Dropbox is free and I have all the paperwork on there in case something goes wrong - I have had my dropbox for many many years, otherwise I also have a manual paper file for each property so including agreements, depreciation schedules, water certificates etc.

    If orangise through the PM and they have a portal a certificate on there to download although given timeframe they might not have one (or still have one).

    Did you ever give a copy of the certificate to the PM, maybe they have a record of it.

    If you can remember who did the certificate then pray/hope they still have record of it - you might want to shout them a carton of beer if they do.

    I thought of another one being my email as I will always email my wife all the important emails regarding properties and a water certificate would be one.

    If all is lost then good luck with tribunal as how can you prove it is compliant? Not sure how a plumber can say something is compliant earlier unless they saw the property at the time.

    Best of luck
     

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