Western Australian Current Acts

RESIDENTIAL TENANCIES ACT 1987 - SECT 49A

49A .         Lessor’s and tenant’s responsibilities in respect of public utility services

        (1)         In this section —

        consumption , in relation to a public utility service, means consumption of the utility that is calculated by metered unit;

        GST has the meaning given in the A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth);

        public utility services has the meaning given in the Land Administration Act 1997 section 3(1);

        strata company has the meaning given in the Strata Titles Act 1985 section 3(1).

        (2)         It is a term of every residential tenancy agreement that subsections (3) to (5) are terms of the agreement if —

            (a)         a public utility service is provided in relation to the premises the subject of the agreement; and

            (b)         the public utility service is provided under a contract between the provider of the public utility service and the lessor or a strata company.

        (3)         The tenant must pay a charge for the provision of the service only if —

            (a)         the charge is for the tenant’s consumption of the utility at the premises; and

            (b)         either —

                  (i)         the tenant’s consumption of the utility is separately metered; or

                  (ii)         although consumption at the premises is not separately metered, the charge is calculated in accordance with a method previously agreed to in writing by the lessor and the tenant;

                and

            (c)         the lessor gives the tenant a written notice under subsection (4) within 30 days after the lessor receives an invoice for the public utility service.

        (4)         The notice must be in writing and set out the full details of the account for the charge, including —

            (a)         the total charge for the tenant’s consumption of the utility; and

            (b)         if consumption at the premises is metered —

                  (i)         the meter readings; and

                  (ii)         the charge per metered unit;

                and

            (c)         if consumption at the premises is not metered — the charge calculated by the method agreed to under subsection (3)(b)(ii); and

            (d)         the amount of GST payable in respect of the provision of the service to the premises.

        (5)         However, despite subsection (3)(c), if the tenancy ends within 30 days after the lessor receives an invoice for the public utility service, or the lessor receives the invoice after the tenancy has ended, the lessor —

            (a)         is not required to give the written notice under subsection (4) within 30 days after the lessor receives the invoice; and

            (b)         may give the notice to the tenant (or former tenant) as soon as practicable after the lessor receives the notice and locates the tenant.

        [Section 49A inserted: No. 60 of 2011 s. 44; amended: No. 25 of 2019 s. 68.]