Water charges – who pays?
This information sheet provides information about who is responsible for water charges in a residential tenancy.
A tenant is responsible for water charges if:
- The premises have a separate water meter; and
- The written tenancy agreement states that the tenant shall pay for metered water; and
- The water supplier charges for water provided to the premises on a metered basis.
All three of the above conditions must be met for the tenant to be charged for water provided to the tenancy.
A tenant won’t be responsible for water charges if the tenant agrees with the landlord in writing that the landlord will pay them, or there is no reference to payment of water charges in the tenancy agreement.
There are several different ways that water suppliers charge for water around the country. For more specific information about water charges in your area, contact 0800 TENANCY.
Responsibility for a water supply
Landlords are responsible for ensuring there is an adequate supply of water to their rental properties (Housing Improvement Regulations 1947).
Where the water supplier contracts with the landlord, and the landlord passes the obligation to pay water charges onto the tenant, the tenant is obliged to pay the water charges. If the tenant pays the charges but the landlord does not pay the water supplier and the water is disconnected, the landlord may be held responsible to pay for the reconnection of the water supply.
If a tenant fails to pay the water charges the tenant may in breach of their tenancy agreement and the landlord can issue the tenant with a letter giving ten working days to remedy the breach. Refusal to remedy a breach of a tenancy agreement can result in a Tenancy Tribunal application.
Tank water – not metered
Where the water supply is from a tank, the landlord should provide a full tank at the start of a tenancy and refill as needed. In most cases the landlord must pay for the cost of refilling water tanks. Most tanks do not have water meters and don’t meet the criteria for charging for water as above.
Water tanks should be an appropriate size. For example, an average-sized house should have a tank of about 5000 gallons (22,500 litres). The tank needs to be properly connected by a guttering system to a roof of reasonable size so the tank will be topped up from time to time by rainwater. There should be no leaks or contamination.
The pump is an essential part of a tank water system. Provided the pump is subjected only to normal wear and tear, its maintenance is the responsibility of the landlord. If tenants cause damage to the pump, for example by letting the pump run when the tank is empty, they may be held responsible for this. It would be a useful precaution for the landlord to provide written instructions and explain how the water system works.