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RESIDENTIAL TENANCIES AMENDMENT ACT 2018 (NO. 45 OF 2018) - SECT 211

New sections 206ZVA, 206ZVB and 206ZVC inserted

After section 206ZV of the Principal Act insert

        " 206ZVA     Site owner must maintain and repair rented site

A site owner must maintain in good repair any site occupied by a site tenant, including any structures or fixtures owned by the site owner.

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.

        206ZVB     Site owner's liability for excessive usage caused by faults

    (1)     Subject to subsection (2), if a site tenant has been charged for excessive usage of a service at the Part 4A site occupied by the site tenant, caused by a fault in infrastructure or any fixtures or buildings at or connected to the Part 4A site or the Part 4A park, the site owner is liable for that part of the excessive charge that is additional to an amount of ordinary usage by the site tenant.

Example

Excessive usage charges caused by a leak in the underground pipe of a water service connected to a site in a Part 4A park or a Part 4A park.

    (2)     A site owner is not liable for excessive usage charges under subsection (1) unless—

        (a)     the site tenant has notified the site 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 site tenant.

    (3)     A site owner must reimburse a site tenant for any reasonable costs incurred by the site tenant for diagnosis of a fault referred to in subsection (1) by a suitably qualified person.

    (4)     A site 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.

        206ZVC     Application to Tribunal about excessive usage charges

    (1)     A site owner or a site tenant may apply to the Tribunal to determine the liability of the site owner and the site tenant for excessive usage charges referred to in section 206ZVB.

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

        (a)     whether the site tenant had knowledge of the fault;

        (b)     whether the site tenant took reasonable steps to notify the site owner or that person's agent of the fault;

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

        (d)     whether the site 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 site 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.".



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