This guide covers landlords (or head-tenants) and tenants (or sub-tenants) in a Residential Tenancy. This applies to the majority of share accommodation and residential property rental situations. To confirm it covers your situation visit What is my share accommodation situation?
Whether the landlord or tenant pays for water, gas, and electricity charges depends on how those fees are measured. Tenants are only liable under either of 2 circumstances:
In all other circumstances, the landlord is liable to pay for the utility charges.
For each utility charge the tenant is liable for, the landlord should ensure that the tenant receives a copy of the bill from the supplier and a written statement calculating the tenant’s liability according to the original agreement.
How charges for internet and phone bills are paid should be agreed between the tenant and landlord at the beginning of the tenancy agreement. As it can often be difficult to determine how much of an internet or phone bill any one person is responsible for, a good approach is for the landlord and tenant to agree on an increase in rent to cover the tenant’s estimated usage.
When there are multiple co-tenants under the one residential tenancy agreement, they are all jointly responsible for paying bills, costs, and charges that tenants are normally liable for. This means, for example, that if electricity is separately metered for a share house occupied by multiple co-tenants under one residential tenancy agreement, then all the co-tenants are responsible together for paying the electricity charges. It is up to the co-tenants to agree between themselves on how the costs of the charges are shared.
In a sub-tenancy, the head-tenant is the landlord to the sub-tenant. Therefore, if a sub-tenant is renting a room in the head-tenant’s house, the sub-tenant can only be required to pay for water, electricity, and gas charges if they are separately metered, or if the sub-tenant and head-tenant have a written agreement about sharing costs.
The landlord is responsible for any government rates or land taxes. If the tenant has paid any of these rates or taxes then the landlord must reimburse them.
These legal guides provide a brief summary and introduction of the laws and regulations affecting share accommodation. They do not cover all cases in all legal jurisdictions and might not apply in your specific share accommodation situation. It is important that you use this information as a guide only and seek independent Legal Advice or consult the Relevant Acts. We do not accept any liability that may arise from the use of this information.