RESIDENTIAL TENANCIES ACT 1997 - SECT 206ZVB Site owner's liability for excessive usage caused by faults

RESIDENTIAL TENANCIES ACT 1997 - SECT 206ZVB

    (1)     Subject to subsection (2), if a site tenant has been charged for excessive usage of a service at the Part 4A site occupied by the site tenant, caused by a fault in infrastructure or any fixtures or buildings at or connected to the Part 4A site or the Part 4A park, the site owner is liable for that part of the excessive charge that is additional to an amount of ordinary usage by the site tenant.

Example

Excessive usage charges caused by a leak in the underground pipe of a water service connected to a site in a Part 4A park or a Part 4A park.

    (2)     A site owner is not liable for excessive usage charges under subsection (1) unless—

        (a)     the site tenant has notified the site owner, as soon as practicable, of—

              (i)     the excessive usage charges; and

              (ii)     the fault that caused the excessive usage; and

        (b)     the fault was not caused by any action or omission of the site tenant.

    (3)     A site owner must reimburse a site tenant for any reasonable costs incurred by the site tenant for diagnosis of a fault referred to in subsection (1) by a suitably qualified person.

    (4)     A site owner is not responsible for any excess usage charges or other costs for a fault caused by any property that is the responsibility of a service provider.

Note

This section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.

S. 206ZVC inserted by No. 45/2018 s. 211.