Navigating Utility Responsibilities in NSW Rental Agreements

When diving into the rental market of New South Wales (NSW), one must not overlook the crucial aspect of utility responsibilities. This detailed guide breaks down who's accountable for water, electricity, and gas bills in NSW rental properties, backed by NSW Fair Trading guidelines.

According to NSW Fair Trading, landlords must pay all water supply service charges and sewerage supply service charges. However, tenants are responsible for water usage charges if the property is separately metered, the landlord's billed amount isn't exceeded, and the property meets 'water efficiency' standards. The landlord should pass these charges to the tenant within 3 months of receiving the bill, giving at least 21 days for payment.

The landlord is required to handle the installation and initial connection costs for electricity. Tenants will pay for usage if the property is separately metered. It's crucial to ensure your rental is individually metered to avoid being incorrectly billed for another tenant's electricity use. Always refer to your energy bill for the National Meter Identifier (NMI) - a unique number used by suppliers to identify the property's meter.

The document reviewed didn't explicitly cover internet setup. However, general guidance suggests that tenants are responsible for arranging and paying for their internet services, including choosing the provider. Any installation requiring modifications to the property requires the landlord's consent. For renters needing NBN or similar internet services, coordination with the landlord is vital to enable access and installation.

For a NSW rental property to bill tenants for water usage, it must have no leaking taps, water-efficient shower heads with a maximum flow rate of 9 liters per minute, and dual flush toilets that meet a minimum 3-star WELS rating by March 23, 2025. These efficiency measures ensure tenants are only paying their fair share and encourage water conservation.

Landlords cover the initial connection and supply costs for bottled gas, including the supply or hire of gas bottles at the start of the tenancy. Tenant responsibilities kick in for using bottled gas throughout the tenancy, paying for supply refills as needed.

In properties with embedded networks, the landlord or agent must include this in the residential tenancy agreement for agreements signed from March 23, 2020. Tenants have rights and protections, including fair pricing and possible choice within the network. For issues, the NSW Energy and Water Ombudsman is the go-to for complaints and investigation.

Separately metered properties allow tenants to be billed directly for their specific utility usage. This setup provides transparency and fairness in billing, ensuring tenants are only responsible for what they consume. Identification numbers like NMI for electricity and MIRN/DPI for gas help ensure accurate billing.

The utilities clause in your lease agreement should clearly state the responsibilities for each utility. This clarity ensures both parties are on the same page regarding who handles the setup, ongoing payments, and any connection charges.

Disputing incorrect or excessive utility charges involves proof of the discrepancy, such as meter readings or bills, and communication with the utility provider. If unresolved, NSW Fair Trading offers mediation services, or matters can escalate to the NSW Civil and Administrative Tribunal for a decision.

Installing the internet or NBN involves choosing a provider and potentially coordinating installation with the landlord. Ensure any required property modifications are approved, and keep an eye on any installation fees as these are typically the tenant's responsibility.

Navigating utilities in NSW rentals can be complex, but armed with the right information, tenants and landlords can foster a smoother partnership.

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