Our fairly new tenant is refusing to pay for water in spite of ticking twice on the lease that they would and the property is specifically metered. The agent has asked him several times to pay this but he is refusing until we do a plumbing water usage check which I think is ridiculous. What are our options to get him to pay
Why do they want a plumbing usage check? Anyway, this seems like property management 101 - shouldn't your PM be using a breach and following the normal procedure?
If you are in Queensland you must provide evidence that the property is compliant with water saving devices (toilet, shower etc) before you can legally charge for water usage. Your PM should know that, and should be able to explain your options to prove compliance. You may think it ridiculous, but the law is quite clear. Non compliant properties cannot charge for water usage. Marg
Breach then evict if they don't comply. At the end of the day if the Lessor/Agent is not prepared to enforce their contractual rights then they're basically just giving up. If you have sufficient evidence to support the premise meets the requirements to charge for water consumption and the Tenants have agreed to it in the Lease then it's a no brainer, breach, if not remedied tribunal + claim application and Agent costs if applicable as well.
Here is the fact sheet from the RTA. It doesn't say you have to have a plumber certificate, and my understanding is that you don't actually need a plumber certificate if you can measure the flow rate and have dual flush toilets. Have you done those checks? Water charging fact sheet | Residential Tenancies Authority I clearly recall a plumber holding a bucket under the shower and timing one minute because he had no idea what the flow rate was of the shower head that was already installed. That is something anyone can do. Film it and record if it you want to keep proof. But if the fact sheet isn't clear enough, or your PM doesn't want to enforce the signed lease, call the RTA and put the question to them and see what they say.
yes its in Qld and I will ring the agent today, (only emails so far) I just think this tenant is playing us and trying to cause us as much cost as possible. It is only about 16 yo so probably will be compliant but will cost between $180 and … ? .. to find out. I have said if he pays for the outstanding invoice for the water he has already used I will get a plumbers check but have heard nothing back. I have also said I will not be signing another lease until they pay but have heard nothing about that either. I will get her to issue a breach of payment. I really just wonder if I would be better off saying we are shifting back (as I think thats the only way I can get them out isn't it?
So you don’t know if the property is compliant? Have you fitted the appropriate shower heads and toilet cistern? Kept receipts? Your tenant does NOT have to pay water usage unless the property is compliant. You can’t just terminate a lease in Queensland by saying you are shifting back in. It’s no use blaming the tenant for asking you to abide by the law. Nor can the tenant be accused of causing you costs. You should be doing all this anyway. Any eviction action would be seen as retaliatory and could be challenged at the tribunal. Tenants do have rights too. I am surprised the PM hasn’t been advising you better. Particularly when the conditions allowing water usage charges were so well publicised. I remember our PM contacting us and organising compliance without us having to ask. Marg
It will cost you less for a plumber to do a certificate than for you to fly up for the weekend and time the flow into a bucket yourself.
well its amazing what an old fashioned phone call will do against emailing. have come to a compromise with tenant as he doesn't want his shower flow restricted and he will pay outstanding water charges and sign a document saying that if water consumption increases dramatically in the future we will do a water check certificate which I am happy to sign
Don't assume anything. Previous owners could have changed the showerheads, or requested higher flowing ones be installed when the house was built. My PPOR is only a couple of years older, and I've only just recently installed compliant shower heads.
Despite this, just be aware that it is illegal to charge a tenant water usage if the property is not certified compliant. If things go sour for any reason and your property has not been water compiant before signing the lease, the tribunal will probably order all water usage paid by the tenant to be refunded by you. It is in your best interests to ensure the property is compliant at the earliest opportunity. Marg
No. You can’t “mutually agree” to break the law. Of course, the tenant may never object. But the possibility exists. To me, it is a risk not worth taking. Compliance will have to be established before the next tenant, so why wait? Marg
I completely agree with @Marg4000, he could turn around at any time and ask that water back. You can only handshake this agreement, because it specifically contravenes the law. Find a shower head that complies without being over the top (nothing worse than those super water saving heads haha).
