Residential rental provider's liability for excessive usage caused by faults (1) Subject to subsection (2), if a renter has been charged for excessive usage of a service at the rented premises caused by a fault in infrastructure or any fixtures or buildings at or connected to the premises, the residential rental provider is liable for that part of the excessive charge that is additional to an amount of ordinary usage by the renter. Example Excessive usage charges caused by a leak in the underground pipe of a water service connected to rented premises.
(2) A residential rental provider is not liable for excessive usage charges under subsection (1) unless— (a) the renter notified the residential rental provider, 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 renter.
(3) A residential rental provider must reimburse a renter for any reasonable costs incurred by the renter for diagnosis of a fault referred to in subsection (1) conducted by a suitably qualified person.
(4) A residential rental provider 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.
Comments