South Australian Repealed Acts

This legislation has been repealed.

WATERWORKS ACT 1932 - SECT 96

96—Power of tenant paying water rates or other charges due by his landlord to recover same

        (1)         When any owner or lessor of any land is, by contract or otherwise, liable to payment of any water rates or other charges to be collected in respect thereof, and such water rates or other charges are required from and paid by any lessee or occupier, then the lessee or occupier may set off the amount so paid against any rent due from him to such owner or lessor, and the Corporation's receipt for such water rates or other charges shall be a discharge of rent and evidence of payment to the amount specified therein.

        (2)         If the water rates or other charges so paid or satisfied exceed the rent due, the lessee or occupier may either set off the amount of the excess against accruing rent or recover the same by action as for money paid.

        (3)         If any notice is given by the lessee or occupier to the owner or lessor of the water rates or other charges having been demanded, and there is no rent due from him in respect of the property rated, and the lessee or occupier is compelled to pay the water rates or other charges, he may sue the owner or lessor for the amount as for money paid, and shall be entitled to recover the same with full costs as between solicitor and client.

        (4)         If the goods of the lessee or occupier are subjected to distress and sale for the satisfaction of the water rates or other charges and no rent at the time is due, he may sue the owner or lessor for double the amount of the value of his goods so distrained and sold, and shall be entitled to recover the same with costs as aforesaid.