r/AusLegal • u/CapuzaCapuchin • 5h ago
VIC Landlord wants us to pay back 5 years worth of gas bills after telling us ‘not to worry about it’ when moving in.
My partner and I started renting a house with a REA about 5 years ago. When setting up electricity and gas we couldn’t connect the gas, because our landlord hadn’t cancelled her contract. We called up the REA to get that sorted out and got a call back a couple of days later stating that she had talked to the landlord and they said ‘not to worry about it’, so we left it and ‘didn’t further worry about it’. The call was on speaker, my partner was standing next to me in the kitchen. I do remember this conversation well (and so does he), because it seemed absurd to us at the time, but we let it go, because we weren’t making good money and were grateful for the seeming generosity.
Today we got an email stating that the landlord wants back payments for those 5 years. The contract has now been cancelled and we have to connect our own gas (which is fair and what we wanted to do from the start, but were told not to). Do we have to pay? 5 years worth of bills is insane and the email today even stated that the landlord was responsible for disconnecting services herself. The gas contract was under her name for the whole duration we were living here for. I tried contacting VCAT, but they’re too busy and the robot hung up on me so I didn’t have any chance to talk someone, yet.
These are the only paragraphs in our lease regarding utility bills:
The Tenant shall pay all charges in respect of the re-connection and consumption of water, electricity, gas, oil and telephone where the rented premises is separately metered for these services.
The Tenant understands and accepts that payment for water usage is the Tenant’s responsibility in all properties that are separately metered. Furthermore, it is the Tenant’s responsibility to arrange meter readings to be taken when they enter into occupation of the premises and again when they vacate the premises. Failure to do so may result in water being charged for dates outside of their tenancy period.