VIC: Residential Tenancies Act Section 120AA Rooming house operator's liability for excessive usage

Rooming house operator's liability for excessive usage caused by faults

(1) Subject to subsection (2), if a resident has been charged for excessive usage of a service at the room the resident occupies that is caused by a fault in infrastructure or any fixtures or buildings at or connected to the premises, the rooming house operator is liable for that part of the excessive charge that is additional to an amount of ordinary usage by the resident. Example Excessive usage charges caused by a leak in the underground pipe of a water service connected to the rooming house.

(2) A rooming house operator is not liable for excessive usage charges under subsection (1) unless—

(a) the resident notified the rooming house operator, 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 resident.

(3) A rooming house operator must reimburse a resident for any reasonable costs incurred by the resident for diagnosis of a fault referred to in subsection (1) conducted by a suitably qualified person.

(4) A rooming house operator 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.