Hi All,
Can someone please assist me by advising how you deal with this situation at your Council. We have a few properties that are owned by Department of Housing and other housing boards. They keep sending the tenants to pay off their water bills as their rental clause states that the tenant will be liable for the water bill. Now some of the tenants wants to make a payment arrangements with Council to pay off the water accounts. My understanding is that they are legally not liable to pay as they are not the owners of the properties and whatever arrangement they have with Dept. of Housing or any other Housing board has nothing to do with Council.
I am not in favour of making any arrangements with the tenants and wanted to know how my colleagues in other Councils are dealing with this issue.
Being in a small country town we don’t have this issue. However, I am of the same opinion as you. The Dept of Housing and other boards, are legally liable for the water account and should pay accordingly as they are the legal owner of the land. Should the tenant wish to enter into and arrangement, this is a private matter between the two. I would be following your recovery procedures and treat Housing as you would any other ratepayer. Does the Dept want to have the interest waived too? Somehow I gather they would.
Back in 2008 the OLG issued a circular (08-69) on how to handle the recovery of water consumption charges.
“Councils are therefore reminded that any accounts or notifications regarding water and sewerage should only be issued to the property owner and arrangements for the payment of such accounts should be between the council and the property owner – not the tenant of the property.”
YSC does not enter into arrangements with anyone but the owner.