No separate electricity/water metre, no pay?

Discussion in 'Legal Issues' started by htopg, 8th Apr, 2016.

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  1. htopg

    htopg Well-Known Member

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    My friend and his parents rent a house (for his parents) + granny flat (for himself) on a single lease.
    In the rental agreement, there is clause says that tenants pay for water.
    He told landlord that he will arrange electricity and water bill payment between him and his parents.
    For example, he pays for water for both main house + granny flat and his parents pay for electricity for both main house + granny flat.

    A few weeks later, he asked the landlord if he can pay rents separately from his parents (say $500/week splits into $350/week from his parents and $150/week from him). The landlord agreed.

    Now here comes to an interesting part.
    The standard NSW rental agreement says unless electricity and water are separated metred, tenants do not need to pay for electricity/water.
    Now he doesn't pay water usage to his landlord (even after repeated request from the landlord) and he asks landlord to pay for electricity bills.

    He deliberately pays rent late.
    His landlord is going to take him to court.
    He retaliated by saying that he is going to ask the landlord to pay him back the huge electricity bill because he legally does not need to pay it.

    I am wondering, will he succeed with his evil plot?
     
  2. HUGH72

    HUGH72 Well-Known Member

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    I don't know, sounds like a single lease with separate payments so I doubt it, but I hope not.
    Tenant from hell. Sounds like a really nice person, hope he has to pay LLs legal costs as well.
     
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  3. htopg

    htopg Well-Known Member

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    He thinks that he holds the "nuclear launch" button.
    If the landlord brings him to tribunal for the late rent and unpaid water bills, he will ask the tribunal to order the landlord to compensate him with $6000 electricity bill. Pretty neat/evil?
     
  4. Nick Valsamis

    Nick Valsamis Well-Known Member

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    They rented the house and granny flat together and are both on the one lease, which makes them all responsible for the water and electricity usage.

    The tenants living there mutually agreed between themselves how they would split up the bills, which is between them and not the landlord.

    Yes the standard NSW rental agreement says that, but it would only apply if they had separate leases and the landlord tried to make the granny flat tenants pay for water usage when they didn't have a separate meter.
     
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  5. htopg

    htopg Well-Known Member

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    If there are separate leases, but shared water metre and shared electricity metre, is it possible to ask tenants to sort out themselves?
     
  6. htopg

    htopg Well-Known Member

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    Not only apply for granny flat tenants but also main house tenants, is it right?
    This applies to electricity bill as well, right?
     
  7. thatbum

    thatbum Well-Known Member

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    I'm confused. Is there one lease or two? And who is being evicted?
     
  8. Nick Valsamis

    Nick Valsamis Well-Known Member

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    Yes they both share in the responsibility of all bills as they are all on one lease.

    Whether it is one family that rents them or 2 families they are both responsible because they are on the same lease.

    Your friend should really pay up and apologise before it goes any further unnecessarily.
    They may not be able to find another rental property because no one will rent to them if they don't pay their water usage.

    1 lease and no one is being evicted yet I believe.
     
  9. Scott No Mates

    Scott No Mates Well-Known Member

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    If your friend is not paying his share of the rent, then he is running the risk of having everyone evicted not just the gf.

    As per others, one lease and they bear all costs.
     
  10. htopg

    htopg Well-Known Member

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    One lease - current situation.
    Two leases - hypothetical situation.
     
  11. wylie

    wylie Moderator Staff Member

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    I really hope you are not trying to help him screw over the landlord.
     
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  12. Team

    Team New Member

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    Sound like an ungrateful tenant that want to screw with the landlord who was nice enough to let them divide their rent on one tenancy agreement.
     
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  13. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    The lease is for the whole of the property. The LL wont care who pays (Centrelink can pay if they want) and part of rent as long as the minimum is paid by the required time. Its not two agreements and verbal issues dont come into it. The lease is for a single dwelling and all the structures on the land. Absurd to suggest the GF occupant has a separate lease and therefore can make a individual claim. Imagine if each bedroom occupant etc tried that ?

    The GF occupant should have an issue with their parents....Thats where the unmetered rule may apply however as there is no separate lease (sublet) from parents to child for the GF the claim appears doomed to fail. I cant even see how the GF occupant can make a claim v's the LL since there is no separate lease.

    How they share and pay rent and all services is their affairs and nothing to do with LL. I would and seek orders immediately. One of those would be eviction.
     
  14. money

    money Well-Known Member

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    Sounds like that dude's friend is a selfish prick from what he's told us.
     
  15. Rubyy

    Rubyy Member

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    Hey guys
    Does having a smaller private meter or a submeter in addition to the main electrical meter would that be deemed as two meter ?.... or does it have to be billed by the provider with two separate bills
     
  16. Rubyy

    Rubyy Member

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    Or the electricity have to two main meters?
     
  17. The Y-man

    The Y-man Moderator Staff Member

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    One lease - no argument, landlord wins.
    Two leases - rental is some sort of dual occ and may contravene council laws etc, unless done as a rooming accomo.

    The Y-man
     
  18. The Y-man

    The Y-man Moderator Staff Member

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    Never seen one as such - can you give example?

    The Y-man
     
  19. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    I have a client with that. He had NSW Tribunal agree it is separate meter. HOWEVER they disallowed the claim as the reading were not done at the same time. And how do you ever know when readers are coming past ?

    Think of main line to house with main meter.
    Then a sub line off the main dwelling is to a meter to the GF. It enables apportioning of the usage to be determined. However a single bill based on main line. This enables apportionment. BUT the Tribunal didnt allow a share of the service charges eg sewer.

    The state law in NSW refers to separate meter NOT separate account.
     
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  20. Rubyy

    Rubyy Member

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