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RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 103

New sections 120AA and 120AAB inserted

Before section 120 of the Principal Act insert

        " 120AA     Rooming house operator's liability for excessive usage caused by faults

    (1)     Subject to subsection (2), if a resident has been charged for excessive usage of a service at the room the resident occupies that is caused by a fault in infrastructure or any fixtures or buildings at or connected to the premises, the rooming house operator is liable for that part of the excessive charge that is additional to an amount of ordinary usage by the resident.

Example

Excessive usage charges caused by a leak in the underground pipe of a water service connected to the rooming house.

    (2)     A rooming house operator is not liable for excessive usage charges under subsection (1) unless—

        (a)     the resident notified the rooming house operator, as soon as practicable, of—

              (i)     the excessive usage charges; and

              (ii)     the fault that caused the excessive usage; and

        (b)     the fault was not caused by any action or omission of the resident.

    (3)     A rooming house operator must reimburse a resident for any reasonable costs incurred by the resident for diagnosis of a fault referred to in subsection (1) conducted by a suitably qualified person.

    (4)     A rooming house operator is not responsible for any excess usage charges or other costs for a fault caused by any property that is the responsibility of a service provider.

Note

This section is a duty provision and a contravention of this section may be dealt with as a breach of a duty under Part 5 and other provisions of this Act.

        120AAB     Application to Tribunal about excessive usage charges

    (1)     A rooming house operator or a resident may apply to the Tribunal to determine the liability of the rooming house operator and the resident for excessive usage charges referred to in section 120AA.

    (2)     In making a determination under subsection (1), the Tribunal is to have regard to the following—

        (a)     whether the resident had knowledge of the fault;

        (b)     whether the resident took reasonable steps to notify the rooming house operator, or that person's agent, of the fault;

        (c)     whether the resident has been compensated by another person for any part of the excessive usage charges;

        (d)     whether the rooming house operator has complied with this Act in respect of any urgent repairs;

        (e)     any diagnosis made by a water authority or other suitably qualified person in respect of the fault;

        (f)     any maintenance and repairs conducted by the rooming house operator;

        (g)     any other matter the Tribunal considers appropriate.".



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