High water

Our Experts Answer:

Under the Residential Tenancies Act (the Act), tenants are responsible for all outgoings that are exclusively attributable to their occupation of the premises. This includes charges charged by a supplier for water provided to the premises which are calculated on the basis of consumption. Costs that are charged regardless of whether there are tenants living in the premises are the responsibility of the landlord. Where waste water charges can be attributed exclusively to the tenant’s occupation of the premises, or to the tenant’s use of the facilities, then the tenant is responsible for this charge. However, if the waste water costs are charged regardless of whether the property is tenanted, or cannot be attributed directly to a tenant’s occupation, then the charge is the landlord’s responsibility. Tenants who are unsure of the water charges that have been passed on to them may wish to request to view the actual water bill, to ensure they are fully aware of the water supplier’s charges, and to ensure that they are only charged the applicable charges a tenant is responsible for. It is also recommended that you discuss the matter with your landlord in the first instance. If you and your landlord cannot agree on who is responsible for the waste water charges, or how the waste water charges are calculated, either party may apply to the Tenancy Tribunal to have the matter resolved. To discuss your situation further, or for information about applying to the Tenancy Tribunal, you can visit the Ministry of Business, Innovation and Employment – Building and Housing Group’s website (www.dbh.govt.nz), or call 0800 TENANCY (0800 836 262).