Victorian Consolidated Legislation

Residential Tenancies Act 1997 - SECT 56

Landlord must not seek overpayment for utility charge

56. Landlord must not seek overpayment for utility charge



(1) The landlord of separately metered rented premises must not seek payment
or reimbursement for a cost or charge under section 55 that is more than the
amount that the relevant supplier of the utility would have charged the
tenant.

Penalty: 10 penalty units.

(2) If the relevant supplier of the utility has issued an account to the
landlord, the landlord cannot recover from the tenant an amount which includes
any amount that could have been claimed as a concession or rebate by or on
behalf of the tenant from the relevant supplier of the utility.

(3) Subsection (2) does not apply if the concession or rebate-

   (a)  must be claimed by the tenant and the landlord has given the tenant an
        opportunity to claim it and the tenant does not do so by the payment
        date set by the relevant supplier of the utility; or

   (b)  is paid directly to the tenant as a refund.