Does a rainwater tank have to be operational ?

Discussion in 'Property Management' started by Ace in the Hole, 11th Feb, 2020.

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  1. Ace in the Hole

    Ace in the Hole Well-Known Member

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    In NSW, if a property has a rainwater tank which can supply water to toilets, laundry, etc
    Does it need to be functional if offering the property to new tenants?

    I would expect that if it is working, the electric pump and plumbing, when the tenant moves in that you would have to fix it if it breaks down.

    However, is it a requirement that it must be functional if a new tenant is moving in and it's currently non functional?
     
  2. Marg4000

    Marg4000 Well-Known Member

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    Not sure of the legalities, but a non functioning (presumably damaged) water tank would have to be clearly stated on the lease, preferably counter-signed by the tenant. If the tenant pays for water, their bills will be higher.

    Maybe check with the state rental authority?
     
  3. Ace in the Hole

    Ace in the Hole Well-Known Member

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    The tank is fine but there’s an issue with the pumps which is proving difficult to diagnose.
    The property is a duplex, one side simply turned off the pump and the other side is coming up for rent.

    I just wanted to know if I legally have to provide a working and plumbed water tank.

    May property manager would know, but it’s always good to get feedback here first.
     
  4. Tom Rivera

    Tom Rivera Property Manager Business Member

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    I'm not 100% sure if NSW (@Mel Morgan ) is the same as QLD, but if it was up here it would have to work. You're specifically not allowed to exclude items as non-functional in the lease. It's usually things like dishwashers and air-conditioners, but a water tank is covered by the same concept. The best solution is to just remove it if you don't have any intention of repairing.
     
    Michael Mitchell and wylie like this.
  5. Michael Mitchell

    Michael Mitchell Property Manager Business Member

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    I've been down this path, you can and this is how:

    1. Rental advertisement must state what's excluded
    2. Lease must state what's excluded
    3. Entry condition report must state what's excluded
    4. Lastly just to be extra diligent, acknowledgement statement signed by tenant prior to signing lease
     
  6. marmot

    marmot Well-Known Member

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    Whats happens to all the water inside the tank , is it simply overflowing every time it rains, or is water just being allowed to stagnate in the tank
     
  7. Scott No Mates

    Scott No Mates Well-Known Member

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    @Ace in the Hole - If it was a condition of the DA/CC to meet NABERS, then it is required to work as designed (you can't disconnect it from the house and use it soley for the garden).

    Under the NSW Residential Tenancies Regulations 2010 No 664 a RWT is not classed as a water efficiency measure, so you are still able to charge for water usage provided the house meets the requirements of Part 3 Cl 11.

    So on the one hand, not repairing it and diverting it to the garden is a breach of your DA/CC however it is not a breach of your lease agreement. (My opinion may not hold water ;) )