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查了一个案例,闹到法院也是租客赢。虽然不是一个州的,也非常有说服力了,毕竟法案上差距并不大。
National energy law prevents landlord from profiting from electricity
The second decision (2015, referred to in the third decision – 2016/38954) came from the landlord’s NCAT application for an order that the tenant pay the landlord $2,500 for electricity usage at the premises.
The landlord had kept the electricity account in the landlord’s name. The landlord’s view was that they should take the benefit of the solar feed-in tariff as they had spent the money to have the solar power system installed.
NCAT said that the Residential Tenancies Act is silent on whether the tenant is entitled to the benefit of the solar power. The Act says that the tenant shall pay all charges for the supply of electricity if the premises are separately metered.
NCAT questioned the idea that the landlord should be reimbursed for expenses not incurred. NCAT also thought that the capital expenditure position was not sustainable.
NCAT then referred to the National Energy Retail Law (NSW) (NERL). Under the NERL (s88) anyone selling electricity must have an ‘authorization’ or ‘exemption’.
As an exempt seller of electricity, the landlord was subject to the conditions for exempt sellers (class D2) of the Australian Energy Regulator (AER). One of those conditions (#12) requires application of the seller (landlord) rebates to the bill of the customer (tenant).
NCAT treated the feed-in tariff as a rebate and so found that the tenant need only pay the landlord for electricity minus the benefit of the solar power system. This resulted in a benefit to the tenant of approximately $900. |
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