Residential Tenancies Act 1987

In this section —

It is a term of every residential tenancy agreement that subsections (3) to (5) are terms of the agreement if —

a public utility service is provided in relation to the premises the subject of the agreement; and

the public utility service is provided under a contract between the provider of the public utility service and the lessor or a strata company.

The tenant must pay a charge for the provision of the service only if —

the charge is for the tenant’s consumption of the utility at the premises; and

either —

the tenant’s consumption of the utility is separately metered; or

although consumption at the premises is not separately metered, the charge is calculated in accordance with a method previously agreed to in writing by the lessor and the tenant;

the lessor gives the tenant a written notice under subsection (4) within 30 days after the lessor receives an invoice for the public utility service.

The notice must be in writing and set out the full details of the account for the charge, including —

the total charge for the tenant’s consumption of the utility; and

if consumption at the premises is metered —

the meter readings; and

the charge per metered unit;

if consumption at the premises is not metered — the charge calculated by the method agreed to under subsection (3)(b)(ii); and

the amount of GST payable in respect of the provision of the service to the premises.

However, despite subsection (3)(c), if the tenancy ends within 30 days after the lessor receives an invoice for the public utility service, or the lessor receives the invoice after the tenancy has ended, the lessor —

is not required to give the written notice under subsection (4) within 30 days after the lessor receives the invoice; and

may give the notice to the tenant (or former tenant) as soon as practicable after the lessor receives the notice and locates the tenant.