Victorian Numbered Acts

RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 153

After section 180 of the Principal Act insert —

        " 180A     Caravan park owner's and caravan owner'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 site the resident occupies that is caused by a fault in infrastructure or any fixtures or buildings at or connected to the site or the caravan park, including the caravan, the caravan park owner or the caravan owner, as the case requires, 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 a site in a caravan park.

    (2)     A caravan park owner or a caravan owner, as the case requires, is not liable for excessive usage charges unless—

        (a)     the resident notified the caravan park owner or the caravan owner, 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 caravan park owner is not liable for excessive usage charges if the excessive usage charges were caused by a fault with the caravan occupied by the resident which is not owned by the caravan park owner.

    (4)     A caravan park owner or caravan owner, as the case requires, must reimburse a resident for any reasonable costs incurred by the resident for the diagnosis of a fault referred to in subsection (1) by a suitably qualified person.

    (5)     A caravan park owner or a caravan owner 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.

        180B     Application to Tribunal about excessive usage charges

    (1)     A caravan park owner, a caravan owner or a resident may apply to the Tribunal to determine the liability of the caravan park owner, the caravan owner and the resident for excessive usage charges referred to in section 180A.

    (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 caravan park owner, the caravan owner, or that person's agent, of the fault;

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

        (d)     whether the caravan park owner or the caravan owner 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 caravan park owner or the caravan owner;

        (g)     any other matter the Tribunal considers appropriate.

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.".