NSW Land and Housing Corporation v Reisner; ; Reisner v NSW Land and Housing Corporation [2016] NSWCATCD 9

NSW Land and Housing Corporation v Reisner; ; Reisner v NSW Land and Housing Corporation [2016] NSWCATCD 9

Section 139 of the Residential Tenancies Act 2010 applied to the parties' social housing tenancy agreement, and the relevant Ministerial Guidelines validly fixed water usage charges for shared meter premises by reference to a percentage of rent. Because s 139 permits charges by estimated usage, income, or rent, the landlord did not need to prove the tenant's actual water use or its own water payments. The charges were not an income tax on the tenant's social security pension but tenancy charges levied under s 139 by reference to rent. The tenant owed $229.24 for water usage charges from 18 March 2015 to 15 January 2016 and should pay ongoing charges. The Tribunal lacked power to require...

Jurisdiction
Australia
Judgment Date
22 January 2016
Procedural Posture
Social Housing Residential Tenancy Applications Concerning Water Usage Charges and Installation of a Separate Water Meter / Final Hearing; Applications for a Stay of Proceedings and for Leave to Issue a Summons Also Determined
Outcome
Landlord's application allowed in part; tenant's application dismissed; stay application and leave to issue summons refused.
Legal Topics
['water Usage Charges in Shared Meter Premises' 'ministerial Guidelines for Water Usage Charging' 'specific Performance of Tenancy Obligations' 'stay of Tribunal Proceedings' 'summons to Minister for Housing' 'separate Water Meter Installation']
['residential Tenancy Law' 'social Housing' 'administrative Law'] ['water Usage Charges in Shared Meter Premises' 'ministerial Guidelines for Water Usage Charging' 'specific Performance of Tenancy Obligations' 'stay of Tribunal Proceedings' 'summons to Minister for Housing' 'separate Water Meter Installation']

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Procedural Posture

Social Housing Residential Tenancy Applications Concerning Water Usage Charges and Installation of a Separate Water Meter / Final Hearing; Applications for a Stay of Proceedings and for Leave to Issue a Summons Also Determined

Legal Issues

  1. 1 ['Whether s 139 of the Residential Tenancies Act 2010 applies to the tenancy agreement between the parties.' 'Whether guidelines under s 139 were in force and determined the water usage charges payable by the tenant.' "Whether the tenant's objections to paying water usage charges had merit, including arguments about proof of water use, proof of landlord payment for water, and taxation of social security income." 'Whether the tenant should be ordered to pay water usage charges in future.' 'Whether the tenant owed arrears of water usage charges and in what amount.' 'Whether the Tribunal had power to order the landlord to install a separate water meter.']

Ratio Decidendi

Section 139 of the Residential Tenancies Act 2010 applied to the parties' social housing tenancy agreement, and the relevant Ministerial Guidelines validly fixed water usage charges for shared meter premises by reference to a percentage of rent. Because s 139 permits charges by estimated usage, income, or rent, the landlord did not need to prove the tenant's actual water use or its own water payments. The charges were not an income tax on the tenant's social security pension but tenancy charges levied under s 139 by reference to rent. The tenant owed $229.24 for water usage charges from 18 March 2015 to 15 January 2016 and should pay ongoing charges. The Tribunal lacked power to require...

Court Disposition

Landlord's application allowed in part; tenant's application dismissed; stay application and leave to issue summons refused.

Orders

  • ['Leave to have a summons issued to the Minister for Housing is refused.' 'The application for a stay of proceedings is refused.' 'The tenant shall pay the landlord the sum of $229.24 within 14 days of the date of publication of these orders, for water usage charges from 18 March 2015 to 15 January 2016.' 'The...