New South Wales Consolidated Acts
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RESIDENTIAL TENANCIES ACT 2010 - SECT 39
Water usage charges payable by tenant
(1) A tenant must pay the water usage charges for the residential premises,
but only if:
(a) the premises are separately metered or the premises are not
connected to a water supply service and water is delivered to the premises by
(b) the premises contain water efficiency measures prescribed by
the regulations for the purposes of this section, and
(c) the charges do not
exceed the amount payable by the landlord for water used by the tenant.
tenant is not required to pay the water usage charges unless the landlord
gives the tenant a copy of the part of the water supply authority’s bill
setting out the charges, or other evidence of the cost of water used by the
(3) A landlord must give the tenant not less than 21 days to pay the
water usage charges.
(4) A tenant is not required to pay the
water usage charges if the landlord fails to request payment from the tenant
within 3 months of the issue of the bill for those charges by the water supply
(5) Subsection (4) does not prevent a landlord from taking action
to recover an amount of water usage charges later than 3 months after the
issue of a bill for those charges, if the landlord first sought payment of the
amount within 3 months after the issue of the bill.
(6) A landlord must
ensure that the tenant receives the benefit of, or an amount equivalent to,
any rebate received by the landlord in respect of any water usage charges
payable or paid by the tenant.
Note : Tenants under
social housing tenancy agreements may be subject to different provisions in
relation to the payment of charges for water usage (see Division 3 of Part 7).
(7) This section is a term of every residential tenancy agreement.
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