In Consumer Affairs short term lease ubnder lease outlines "any special terms agreed by the parties" is full payment of

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Customer: In Consumer Affairs short term lease ubnder lease outlines "any special terms agreed by the parties" is full payment of water bill by tenants as a quid pro quo for no rent increase acceptable?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Oh :) Melbourne
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: a standard short fixed term lease dfrom your wewbsite with some additional terms: none relate to maintenance or upkeep
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Additional term in question is that "The water bill is to be paid in full by the tenants as part of the lease"
Answered by John Melis in 15 mins 1 year ago
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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Concerning your important matter about the lease, the consumer affairs short term lease is okay, but what you need to do is just cross out the provisions you are not comfortable with. Otherwise you can get a specifically drafted lease through your local lawyer. Lease agreements are complex documents and they need to be handled carefully. The best way to deal with the lease matter we are not in agreement with the clause is just across it out.

Where you do cross out a clause in the lease make sure that both parties initial beside it and dated as well.

With respect to drafting a new lease, and relevant clauses for that lease, you could potentially take the current lease you have in your hands, utilise that and then just add the clause in that you wish. But remove all references to consumer affairs..

Thank you for reaching out today.

You have a legal right to protect your interests in this important situation.

I am a user like you in this chat forum to assist in your important question today.

Thank you kindly for rating me with 5 stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your important question today, and thank you for supporting the community.

Customer
My query was a whether a clause in the Residential Tenancies Act 1997 (Melbourne Australia) regarding the obligation of the landlord to pay certain aspects of the water bill of a rented house on a separate water meter.The Victorian State Government Consumer Affairs prescribed Lease proforma states that " extra terms and conditions may be included, and the agreement must comply with the Act 1997". This Act is huge, detailed & incomprehensive insofar as clarity in this matter.In good faith we made a lease with an added term, agreed by both tenant and landlord (signed), that "The water bill is to be paid in full by the tenants as part of the lease". The 3 tenants were each given a copy of this lease to read, query and agree with before signing.The first three quarterly water bills were paid by the tenants. Each time they were each given a written request for reimbursement of the bill and a copy of the bill, which had been paid by the landlord,
The fourth quarterly bill, arriving just after the lease ended and they vacated, is being contested by one of the tenants as an illegal term in the lease.
The other 2 tenants have paid as usual.So the question is: is it legal?
Hoping for help
Susan
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John Melis, Expert

Susan. Based on what you have provided, it would be argued as legal what has occurred.

I did provide further information in my first post That may also assist in your assessment.

I kindly request that you please scroll up. I have posted a reply for you that explains your options, if you cannot see the response, I request that you refresh your screen, and where it does not show please let me know and I will repost it for you. I am here to assist you when you need.

Customer
Hi John I just realised this was where you were posting. I was looking in emails. My apologies.
There are no provisions re water payments in the Vic Government proforma Residential Short Term Lease.
That is why we added the extra term to cover it. The tenants not only signed the lease, they also signed and dated this extra term. So can i assume it's legal?
Are you in australia John?
Customer
I cannot call you...it costs AUD$85!!!
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John Melis, Expert

Yes I am in Melbourne, Australia.

As long as the provision was in the lease you are protected.

we can chat in this box as long as you need.

Customer
Thank you so very Much.
I truly appreciate your help.
Enjoy the warm weather
Best wishes, Susan
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John Melis, Expert

You are welcome, and thank you for supporting the community.

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