Sample Letter - Water usage charge where premises not separately metered

[Your name and address]

[Date]

[Landlord’s or agent’s name and address]

Dear …

Re: Water Usage Charge at[your address]

I have received your letter dated [date]. You state that under the user pays billing system each tenant must pay a part of the water account. I do not have to pay any part of the water usage charge because the unit at the above address is not separately metered for water.

I refer you to section 19 of the Residential Tenancies Act 1987 which states:

“that the landlord shall pay all rates, taxes or charges payable under any Act in connection with the residential premises (other than charges for electricity, gas, excess water and any other prescribed charges)”.

Prescribed charges are set out under clause 11(b) of the Residential Tenancies Regulation 2006 which states:

“the tenant has agreed to pay under the terms of the residential tenancy agreement, but only if the charge is calculated according to the metered amount of water consumed and there is no minimum rate chargeable”.

A tenant is required to pay the ‘water usage charge’ component of the landlord’s water account if and only if the house or flat/home unit is individually metered for water and there is an additional clause in the residential tenancy agreement which says that the tenant must pay this amount.

I trust that this letter clarifies the matter.

Yours sincerely

T Tenant