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RESIDENTIAL TENANCIES REGULATIONS 2021 (SR NO 3 OF 2021) - REG 24

Ratings—residential rental provider's liability for charges for supply to non-complying appliances

    (1)     For the purposes of section 54(1) of the Act, the following levels of ratings are prescribed—

        (a)     for any appliances, fixtures and fittings, other than a dishwasher, which use or supply water—

              (i)     a 3 star rating in the WELS scheme in the efficiency rating system referred to in regulation 23(1)(a); or

              (ii)     if, because of the age, nature or structure of the plumbing in the rented premises, a replacement with a 3 star rating referred to in subparagraph (i) cannot be installed or, when installed will not operate effectively—the highest rating in the efficiency rating system referred to in regulation 23(1)(a) of a replacement that will operate effectively;

Examples

1.     If a 3 star rated tap or shower rose does not produce sufficient water pressure because of the age of the plumbing, a one or 2 star rated tap or shower rose may be installed.

2.     If a 2 star rated tap or shower rose cannot operate effectively, a one star rated tap or shower rose may be installed.

        (b)     for a dishwasher—

              (i)     the levels of ratings prescribed under subregulation (1)(a); and

              (ii)     a 3 star rating in the efficiency rating system referred to in regulation 23(1)(c);

        (c)     for a non‑ducted air conditioner or heat pump—

              (i)     in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(b); or

              (ii)     in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(b), unless it would be unreasonable to install the non-ducted air conditioner or heat pump;

        (d)     for a gas space heater—

              (i)     in a Class 1 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(d); or

              (ii)     in a Class 2 building, a 2 star heating rating in the efficiency rating system referred to in regulation 23(1)(d) unless it would be unreasonable to install the gas space heater.

    (2)     For the purposes of subregulation 1(c)(ii) and (d)(ii) it would be unreasonable to install an air conditioner, heat pump or gas space heater if—

        (a)     the cost of installation would be significantly higher than the average price of installation in a Class 2 building; or

        (b)     owners corporation rules prohibit installation of the appliance; or

        (c)     compliance with any other Act or local law makes the cost of installation prohibitive.

    (3)     Nothing in this regulation prevents the use of an appliance, fixture or fitting of a level of rating above the level of rating prescribed in subregulation (1).

Note

See section 54 of the Act.



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