NSW Land and Housing Corporation v Reisner; Reisner v NSW Land and Housing Corporation

In the matter of NSW Land and Housing Corporation v Reisner, the tenant, Reisner, disputed the requirement to pay water usage charges in a social housing property where the water meter was shared with other tenants. The case was heard in the NSW Civil and Administrative Tribunal (NCAT). The landlord, NSW Land and Housing Corporation, sought to enforce the payment of water usage charges and obtain an order for Reisner to vacate the premises due to non-payment. Reisner argued that the landlord should install a separate water meter and that they should not be responsible for shared water usage charges.

The central legal issues were whether Reisner was obliged to pay water usage charges in a shared meter situation and if the landlord could be ordered to install a separate water meter. The NCAT considered existing agreements and statutes governing the tenancy and water usage. The tribunal examined the terms of the lease, relevant statutes, and the circumstances of the tenancy to determine the obligations of both parties.

The tribunal held that Reisner was required to pay for water usage charges as per the terms of the lease, which explicitly stated the tenant's responsibility for water usage. The NCAT further found that there was no obligation on the landlord to install a separate meter, as this was not stipulated in the lease or required by law. Consequently, the application for a stay of proceedings was refused, and the order for Reisner to vacate was dismissed. The tribunal ordered Reisner to pay the specified water usage charges and the outstanding amount due.

The orders included a refusal to grant leave for a summons to the Minister for Housing, refusal of a stay of proceedings, and directives for Reisner to pay outstanding charges and future water usage charges as per the lease terms. The tribunal dismissed Reisner’s application, affirming the landlord's right to enforce the terms of the lease concerning water usage charges.