tenants unregistered. Who has the liability now after the election. What is going to

brick1

My tenata haven't registered with Irish water. It seems allike upin the air now air after the election .
Where is the liability if any now. Do I need them to register now? 

stefanovich

Law is the law. Sign the spongers up.

Irish Water: Allanah

Hi brick1,

Thanks for your query.

brick1 wrote: »

My tenata haven't registered with Irish water. It seems allike upin the air now air after the election .
Where is the liability if any now. Do I need them to register now?

Customers are liable for charges up to the end of March 2016.

New law requires owners of dwellings to notify Irish Water of the names of the occupiers, with whom they have an agreement, and the start date of the agreement within 20 working days of it coming into effect. If the information is not provided within 20 working days, the owner is liable for water charges up to the date they do provide the information.

I hope this information helps. If you have any other questions, please feel free to ask.

Kind regards,
Allanah

Irish Water: Allanah

Irish Water: Allanah wrote: »

Hi brick1,

Thanks for your query.

brick1 wrote: »

My tenata haven't registered with Irish water. It seems allike upin the air now air after the election .
Where is the liability if any now. Do I need them to register now?

Customers are liable for charges up to the end of March 2016.

New law requires owners of dwellings to notify Irish Water of the names of the occupiers, with whom they have an agreement, and the start date of the agreement within 20 working days of it coming into effect. If the information is not provided within 20 working days, the owner is liable for water charges up to the date they do provide the information.

I hope this information helps. If you have any other questions, please feel free to ask.

Kind regards,
Allanah

When did this new law come in?

What is the procedure when the agreement was made in May 2015 between landlord and tenant?

Irish Water: Allanah

Hi Augeo,

Augeo wrote: »

When did this new law come in?

What is the procedure when the agreement was made in May 2015 between landlord and tenant?

Thanks for your query and apologies for the delay in responding.

Section 47 of the Environment (Miscellaneous Provisions) Act came into effect on October 1st 2015. Prior to this, landlords were obliged to provide their tenants' names only.

If a tenant contacts us to advise of their tenancy start date, the liability will be removed from the landlord from that date onwards.

I hope that helps. Please let us know if there is anything else we can help you with.

Kind regards,
Allanah

Irish Water: Allanah

Irish Water: Allanah wrote: »

Hi Augeo,

Augeo wrote: »

When did this new law come in?

What is the procedure when the agreement was made in May 2015 between landlord and tenant?

Thanks for your query and apologies for the delay in responding.

Section 47 of the Environment (Miscellaneous Provisions) Act came into effect on October 1st 2015. Prior to this, landlords were obliged to provide their tenants' names only.

If a tenant contacts us to advise of their tenancy start date, the liability will be removed from the landlord from that date onwards.

I hope that helps. Please let us know if there is anything else we can help you with.

Kind regards,
Allanah

Thanks for that........... you mention about a tenant contacting ye removes liability from the landlord, the legislation says If the information is not provided within 20 working days, the owner is liable for water charges up to the date they do provide the information. The legislation mentions the owner providing the info, not the tenant. The legislation is quite clear, there is no mention of the tenant needing to liaise with Irish Water to remove any liability from the landlord. As you were so long replying I had to go else where for clarification (solicitor & PRTB)................. Also prior to Oct 2015 their was no obligation for landlords to provide tenants names to Irish Water, you are incorrect about that too. If they did provide the name than they had to do nothing after Oct 2015.

listermint

Still interested who is going to collect this money considering the doors will be closed up soon enough.

listermint

listermint wrote: »

Still interested who is going to collect this money considering the doors will be closed up soon enough.

Under the Civil Debt (Procedures) Act 2015, Irish Water may apply to Court for an Order allowing either an attachment of earnings or a deduction from social welfare payments for the purpose of discharging outstanding water charges.

Remains to be seen will they bother.

Irish Water: Allanah

Hi Augeo,

Augeo wrote: »

Thanks for that........... you mention about a tenant contacting ye removes liability from the landlord, the legislation says If the information is not provided within 20 working days, the owner is liable for water charges up to the date they do provide the information. The legislation mentions the owner providing the info, not the tenant. The legislation is quite clear, there is no mention of the tenant needing to liaise with Irish Water to remove any liability from the landlord. As you were so long replying I had to go else where for clarification (solicitor & PRTB)................. Also prior to Oct 2015 their was no obligation for landlords to provide tenants names to Irish Water, you are incorrect about that too. If they did provide the name than they had to do nothing after Oct 2015.

There is no obligation on the tenant to inform us if they have moved into or out of a property, however this may vary depending on individual lease agreements. We would encourage all tenants to let us know as this will ensure they were billed correctly.

Prior to October 1st 2015, we asked landlords to provide the names of their tenants for validation purposes. We then wrote to the tenants with a welcome pack inviting them to register.

Thanks,
Allanah

Irish Water: Allanah

Irish Water: Allanah wrote: »

Hi Augeo,

Augeo wrote: »

Thanks for that........... you mention about a tenant contacting ye removes liability from the landlord, the legislation says If the information is not provided within 20 working days, the owner is liable for water charges up to the date they do provide the information. The legislation mentions the owner providing the info, not the tenant. The legislation is quite clear, there is no mention of the tenant needing to liaise with Irish Water to remove any liability from the landlord. As you were so long replying I had to go else where for clarification (solicitor & PRTB)................. Also prior to Oct 2015 their was no obligation for landlords to provide tenants names to Irish Water, you are incorrect about that too. If they did provide the name than they had to do nothing after Oct 2015.

There is no obligation on the tenant to inform us if they have moved into or out of a property, however this may vary depending on individual lease agreements.  We would encourage all tenants to let us know as this will ensure they were billed correctly.

Prior to October 1st 2015, we asked landlords to provide the names of their tenants for validation purposes. We then wrote to the tenants with a welcome pack inviting them to register.

Thanks,
Allanah

So that accepted allanah what did you mean earlier when you said "Section 47 of the Environment (Miscellaneous Provisions) Act came into effect on October 1st 2015. Prior to this, landlords were obliged to provide their tenants' names only.

If a tenant contacts us to advise of their tenancy start date, the liability will be removed from the landlord from that date onwards."

Irish Water: Allanah

Hi Augeo,

Prior to the introduction of Section 47, landlords were obliged to provide us with their tenants' names solely for validation purposes.

Section 47 deals specifically with the transfer of liability for water charges from the landlord to the tenant and vice versa, when a tenant is moving into or out of a rented property.

Please let us know if there's anything else we can help with.

Thanks,
Allanah

According to the legislation .......


[*]"The Water Services (No. 2) Act 2013 provides that the ‘customer’ is the occupier of the premises in respect of which the water services are provided.    It is presumed, unless the contrary is proved, that the owner of the premises is also the occupier of the premises.
[*]Where a dwelling is provided with water services by Irish Water, the owner of the dwelling is required to either –
(a) register with Irish Water as a customer and confirm whether or not the dwelling is his or her private residence, or
(b) notify Irish Water that he or she is not the occupier of the dwelling and provide –
(i) the date of commencement of any agreement for the occupation of the dwelling, and
(ii) the name of each person with whom the owner has an agreement for the occupation of the dwelling.
 This is compulsory where there is a tenancy covered by the Residential Tenancies Act 2004.

•  This notification should take place not later than
  

[*]
(a) 30 October 2015, or
(b) where there is a change in the occupation of the dwelling, within 20 working days of such a change.

•  The provisions outlined above do not apply where Irish Water had previously been notified of such details. 
• Where the owner of a dwelling fails to comply with these requirements, they will be liable for any charges payable to Irish Water until such time as they comply.
• Any agreement to occupy the dwelling (e.g. tenancy agreement or lease) is deemed to include a provision that the occupier (e.g. the tenant) shall be responsible for the payment of any charges due to Irish Water for the period of the occupation.
• Under the Civil Debt (Procedures) Act 2015, Irish Water may apply to Court for an Order allowing either an attachment of earnings or a deduction from social welfare payments for the purpose of discharging outstanding water charges. "
  

[*]
You earlier claim the tenant must contact ye to remove liability from the landlord if he didn't comply within 20 woking days...... "If a tenant contacts us to advise of their tenancy start date, the liability will be removed from the landlord from that date onwards.".......... as per the bolded piece the legislation differs from what you said.

Irish Water: Allanah

Hi Augeo,

Apologies for any miscommunications on this.

To clarify, from October 1st 2015, landlords are obliged to provide the tenant's details to ensure they will not be liable for water services at the property.

If the tenant contacts us to register within 20 days, this will remove the liability from the landlord. In this case, the landlord will not have to provide tenants' details as we would already have these.

Thanks,
Allanah