No separate electricity/water metre, no pay?

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

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  1. Rubyy

    Rubyy Member

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    The blue one is the submeter which measures the front portion of the house. And at the top the switch box the smaller one is the front rooms of he house which i got the builder to do for me. if there was over circuit it would only affect the front and
     
  2. Rubyy

    Rubyy Member

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    So the tribunal says that they wont allow it?...
    That its not deemed as separate meters?..
     
  3. Rubyy

    Rubyy Member

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    So they wont approve for calculation and passed on to tenants? Becauae my tenant has stayed there for 1 year and only paid one set of electricity bill which was calculated based on the bill rates and usage on the meter
     
  4. Rubyy

    Rubyy Member

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    And she its not separately metered and she confirm with the providers ?...
    does it have to have two bills though
     
  5. Rubyy

    Rubyy Member

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    Does that mean that I am unable to do direct calculations to pass the bill on to the tenant?
    So the tribunal agreed but then disagree? So does that mean he couldnt pass on the bill to the tenants?
    Why does it have to be the same time when the calculations of the bills are constant figure/set rate per Kilowatt.?
    How far off is the time taken to the time of the bill?..
     
  6. Scott No Mates

    Scott No Mates Well-Known Member

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    AFAIK, only the water usage charges can be passed on to the tenant under Cl 10.5 of the lease.

    "10.5 water usage charges, if the landlord has
    installed water efficiency measures referred
    to in clause 11 and the residential premises:
    10.5.1 are separately metered"

    The tribunal is correct. There is no provision for the tenant to pay sewage charges.
     
  7. Rubyy

    Rubyy Member

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    But we are referring to the electricity?
    How does sewage come into this?
     
  8. Scott No Mates

    Scott No Mates Well-Known Member

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  9. Rubyy

    Rubyy Member

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    Hehe
    oh okies

    Do you know anything about the submeter?
    if the rates of usage remains constant and no off peak or on peak price and its simple usagex rateperkwatt

    Wouldnt submeter be deemed as a separate meter
     
  10. Paul@PAS

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

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    Sub meters MUST be read at same time and no tenant will accept a owners reading as reliable. ..Its easily argued sub meters arent reliable and arent a basis to split % a single bill. You want separately metered USE that means two accounts. Otherwise find an acceptable $xxx per quarter cost and ensure the rent you charge incorporates an extra allowance to cover electricity use. BUT then expect the tenant to use a dryer 24/7 since they have uncapped use.

    This isnt complex. Resi Tenancies Act contains the rules and tribunals will be happy to enforce non-compliance.
     
  11. Paul@PAS

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

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    Tenant gets free electricity since they found the meter READING wasnt reliable and is not a separate meter as such. Its a submeter of the GF use BUT its never read so it cant be used. His electricity provider wont read a meter in a rear GF since they cant access the board and as a result his is wired to show only the GF use. It doesnt show was % of the total use was for the GF. He may as well not have a meter he agreed. He would have to rewire the GF back to main board AND have a separate box. That way two meters - Two accounts. He says he was offered this choice for $2K extra when GF built but he said no - not understanding the issue. Now it would cost another $4K+ to rewire and rework it.

    And pushing the rent up may lead to a tribunal hearing afterwards. Even client admitted he should have incorporated electricity use into a higher rent and regrets that decision to hand client a % of the bill. They disputed how he worked out the % and tribunal agreed. Now he cant easily fix it. If he jacks up rent the tribunal will find against him since they believe the tenancy already includes rent since the meter isnt compliant. They wont tolerate a rise in rent...a double dip. Even if he rewires the meter. So he is allowing lease to run and then punt them so he can relet with electricity on top to a new tenant.

    All he got was a tribunal fee and a solicitors fee.

    Rubyy - Ask your PM. One day if the tenant question it you may have to repay what they paid in past. They could argue you misled them.
     
    Last edited: 4th Jul, 2018
  12. Rubyy

    Rubyy Member

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    Hi Paul
    I still so confused.
    But what i have calculated was based on the private meter which i got the builder electrician to install.
    It accurately measures the Kwatt and usage of that section fof the house and remainer deducted from the main.
    Its not a percentage that i have gave?. The tenant its the reading and using the same formula/calculations as the electricity provider to get the figures.
    That that suffice?