The Law Handbook 2024

478 Section 6: Houses, communities and the road • two paper copies or one electronic copy of a completed condition report signed by the rental provider or agent (s 35); and • CAV’s written statement of the rights and duties of rental providers and renters (s 66(1)); this may be sent electronically if the renter has consented to this (s 66(1A)). During the tenancy Charges Utility charges Rental provider’s rights and responsibilities A rental provider is liable to pay these utility charges: • the initial connection costs of electricity, water, gas, bottled gas, oil supplies, fixed internet or telecommunications services (including the NBN) (i.e. where the service has not been connected in the past) – except for solar energy systems installed under the Solar Home Program if the renter and rental provider agreed that the renter would pay part or all of the costs (s 53AA RT Act); • rates and taxes for the property; • all charges for the supply or use of electricity, gas (except bottled gas) or oil when the premises is not separately metered; • all water supply and sewerage disposal charges when the water consumption is not separately metered; • water charges that are not related to consumption (e.g. the flat-rate service fee); • all charges for supplying sewerage and drainage services; • all charges relating to the pumping out and cleaning of sewage or septic tanks – unless the need for this is due to damage caused by the renter; • all charges for supplying or hiring gas bottles; • cartage charges for refilling fire safety water tanks; and • cartage charges for drinking water – unless the charges relate to the amount of water supplied while the renter lived at the property (s 53(1) RT Act, reg 22). Renter’s rights and responsibilities A renter is liable to pay for these utility charges: • all charges for the supply or use of electricity, gas or oil when the premises are separately metered – except the installation and initial connection costs; • all charges for the use of bottled gas (including the supply and associated ongoing bottle hire fee (if applicable); • all charges for water consumption when the property is separately metered; and • all sewerage disposal charges (s 52 RT Act). The renter cannot be made liable for any costs that should be borne by the rental provider as the RT Act makes no provision for this. Any agreement purporting to extend the renter’s liability for utilities is an attempt to modify or restrict the operation of the RT Act and is, therefore, unenforceable (s 27 RT Act). If the rental provider or renter pays a utility cost for which the other party is liable, they can request reimbursement. The renter should do so in writing by giving the rental provider a Notice to Rental Provider form with a copy of the relevant utility bills, receipts and other evidence of payment. Reimbursements must be made within 28 days of receiving the notice (s 55 RT Act). If reimbursement is not forthcoming, the party owed money may apply to VCAT for an order for reimbursement. Renters who have received excessive utilities bills due to a spontaneous rupture or fault with an appliance should investigate to see if they are eligible for compensation (s 53A RT Act). Where an appliance needs to be replaced, renters should investigate that the replacement meets the minimum energy efficiency rating. Repairs that do not meet this standard may render the rental provider liable for the utility (s 54 RT Act). Note that the Energy and Water Ombudsman Victoria ( EWOV ) has jurisdiction with regard to embedded networks. All embedded network providers must be registered with EWOV. For more information about embedded networks, see www.ewov.com.au . NOTE: FINANCIAL HARDSHIP Renters experiencing financial hardship due to the cost of utilities should see if they are eligible for a utility relief grant (for more information, see https://services.dffh.vic.gov.au/ utility-relief-grant-scheme) .