Water Efficient

Hi All,

I have a question and looking for peoples thoughts.


Rented a property and was not water compliant on the entry report, House had leaking issues Toilet, Kitchen Tap along with old toilets etc.

As i knew we were not water compliant I did not stress about breaching the Landlord as eventually the leaks would get fixed and as they were taking their time with sending quotes they were not majorly concerned either. After 8 months and 3 plumbing quotes they send a plumber who issues a water certificate however at the time of issue still hadn't fixed the leaks or taps. They issued the first water bill from the beginning of tenancy and two weeks later they fixed the leaks, 2 weeks later we receive a notice to Vacate (2months notice) and we decided to give our 2 weeks notice shortly after.

I will also note that when fixing a pool pipe leak they drained the pool twice from skimmer during our last month of tenancy.

The landlord is requesting the entire water from beginning of tenancy? I don't believe this is correct, I believe we should Pay the Access after the Reasonable water usage is paid by Landlord not to mention there contractors draining the pool twice.

As we are going to QCAT because they want my full bond for many reasons, half are on the entry report and I want to dispute this one.

While I am here they are demanding I pay for Sugarcane mulch I layed in the garden sighting i did not seek permission, my thought was as maintaining gardens (this house did not have any alive, only garden beds) that mulching your garden bed was a normal thing before summer and did not require owners approval? has anyone heard of this before? they want $375 for removing the mulch.

Any thoughts would help alot

Thank you in advance

Pete

 

Thank you Wylie,

We had a 6 month lease starting march then went on periodical.

Plumber came in November and issued a water certificate and then in November got a water bill for usage from April, June, July late November.

Middle of January, they gave us 2 months notice cause the owner wanted to move back in, we decided to give 2 weeks, we got bills for Aug, Sept,Oct and then final metre read for remainder.

We have left, got my qcat papers today, I am responding to the claim, I just thought it strange to issue certificate before fixing leaks.

I am stating I will pay the access as this is in the lease and I did use water, I would love not too as the landlord trying to get all bond and the house is in much better condition than entry, but I believe in a fair fight

 

You aren't responsible for water usage until the property is compliant and the leaks fixed. If they didn't take a meter reading when the leaks were fixed, then it's from the next billing period.

There's also time limits on how far back they can issue bills.

Retract the offer to pay usage prior to rectification and a meter reading.

 

Thanks Scott no Mates, writing up my response now, I havent submitted anything yet, so I will look into it more. Any idea where I can read up on that?

 

Thank you, read all of RTA, tenants queensland etc

I have never read anything about compensation, considering I could have breached them, I dont complain l, fix minor things, keep a well kept house and only report if emergency.

I have never had issues with landlords in Victoria or NT, Queensland 3 for 3 but I will make sure I am prepared.

 

It's an unwritten, but universally agreed, rule in QCAT that tenants can't be charged water on rates notices that were received by the Landlord more than six months ago.

That rule is there to stop disorganised Landlords/Agents from bombing tenants with years of water in one hit.

For example- if I had a client who wasn't sending me logan rates notices to pass on water consumption and then sent me the last couple of years, I know that tribunal would only award me water from notices from the January and April rates quarters. In Logan, that would cover a water usage period of approximately Jun-21 to Current. The important distinction is that the six months applies to the time at which the Landlord received the notices, NOT the actual usage period. This means that the usage period chargeable will vary based on the council area, since some councils bill more or less in arrears than others, i.e. Logan bills water much further in the past than Gold Coast does.

 

It’s the date of the invoice, nothing in the RTRA Act says what period or frequency or method you have to bill/inv the Tenant, only that to claim it the property must meet the requirements. In that regard, you can generate your own invoice, the date is less than 6 months old and you give them 30 days to pay which is what the Act says, and the period for usage might be 3 years of unpaid water, and to be extra nice you might agree to a payment plan which takes the ‘unreasonable’ out of the ‘unfairness of a lump sum’ due to the way the legislation is worded allowing this. I have successfully clawed back years worth of unbilled water from tenancies I’ve taken over managing where this was never done punctually, RTA DR/QCAT can’t really say otherwise because the law has been followed, carefully navigated…

 

@Michael Mitchell QCAT makes plenty of decisions that aren't specifically tied to clear written legislation, and it's well know that Adjudicators won't award water costs that were received by the Landlord/Agent more than six months ago. Most agents, including you and I, have clawed back much older water costs over the years, but if you take it to QCAT and the Adjudicator is paying attention- you won't win 3 years of uncharged/unpaid water.

 

You're awesome. I wish my tenants mulched my garden beds. I have to do it myself between tenants.

 

Yes you will, the law is the law they can't just make this **** up.

 

Thanks mate, we did put effort into the property

 

UPDATE -

Thank you all who messaged, it was all good information.

We had our QCAT hearing and I was happy with the outcome.

The honourable member seen we left gardens in a better condition, than entry, he did not mention the mulch, only stated the comparison from entry to exit.

The water - as no water certificate was completed on entry and only done close to the end, he did not take water into consideration.

They kept money for a brocken window, I dont know how it happened, but also acknowledge that it needed to be fixed and therefore I am ok with that money being deducted.

Thank you all once again, i am sure I will be back 8n future as it seems to be QLD owners wanting 100% of bonds, this is my third fight and 3 times proved the owners wrong.

Recommend to everyone - keep proof always

 

I am sorry, didn't mean all QLD owners, I do not want to offend anyone on here, it has been my past few experiences that have me bitter and want too see laws change for rentals.

I know there are good owners everywhere and I know the owners I have had in the past were good too

 

Im sorry, you are right, I am trying to find an edit button.

I did not mean to offend anyone, and especially yourself who has been a good soundboard of information.

I really did not mean all owners