Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 165

165 General service charges for premises other than moveable dwelling premises

(1) This section applies to premises that are not moveable dwelling premises if the tenant is required to pay an amount for the lessor’s outgoings for a general service charge for the premises because the tenant is enjoying or sharing the benefit of the relevant service or facility.

(2) If the premises are not individually metered for the service or facility, the tenant may be required to pay an amount for the outgoings only if the agreement states—

(a) the service or facility for which the outgoings are payable; and

(b) how the apportionment of the outgoings to the tenant will be worked out; and

(c) how the outgoings may be recovered by the lessor from the tenant.

(3) The tenant may not be required to pay an amount for the outgoings that is more than—

(a) if the premises are not individually metered—the amount worked out under the agreement; or

(b) if the premises are individually metered and—

(i) a way for working out the amount payable by the tenant is prescribed under a regulation—the amount worked out in the way prescribed; or

(ii) a way is not prescribed—the amount charged by the relevant supply authority for the quantity of the thing, or the service or facility, supplied to, or used at, the premises.

(4) If the tenant is required to pay an amount for outgoings to which subsection (3) (b) (ii) applies, the lessor must give the tenant a copy of a document issued by the relevant supply authority showing the amount charged by the authority for the thing, service or facility.

(5) The lessor must comply with subsection (4) within 4 weeks after the lessor receives the document.

(6) Despite subsection (3) , the tenant is not required to pay an amount for outgoings to which subsection (3) (b) (ii) applies if the tenant has not received the document mentioned in subsection (4) .