Water fees battle loss for landlord

AN Ocean Grove landlord has lost his fight against Barwon Water at the state’s planning tribunal over claims it wrongly charged him fees for the past decade.

Anthony Montano, who owns a property on Lake Avenue that houses tenants in 12 rental units across two land titles, has been in a legal battle with the water board since early 2019.

Mr Montano accused Barwon Water of incorrectly slugging him with water and sewerage service charges for each of the 12 units, instead of fees for each land title.

He claimed it amounted to an annual bill of almost $13,000, with his belief the charges should be up to $9000 cheaper each year.

Barwon Water opposed Mr Montano’s objection and maintained its basis for imposing the fees.

In a Victorian Civil and Administrative Tribunal order on Monday, deputy president Mark Dwyer affirmed Barwon Water’s decision.

Mr Dwyer determined the fees imposed by Barwon Water were correct, and that it did not act “unfair or unreasonable” by charging each unit separately for sewerage and water services.

“His property (and each unit within the property) is clearly within the water and sewerage districts of Barwon Water and receives a water supply and sewerage service,” Mr Dwyer said.

“Mr Montano is therefore the correct person who is liable for the tariff, regardless of his views about the amount of the fees imposed upon him under the tariff.”

Mr Montano said he now had no choice but to increase the rent to his tenants, most of whom rely on social welfare.

“Rents are going to have to go up, and the site will potentially have to be repurposed in the longer term, I can’t really lift the rents beyond a certain number,” Mr Montano said.

“At the end of the day, I don’t run a charity. I don’t think it falls upon private citizens to take on the burden of social housing.”

Mr Montano said the legal battle was not about receiving a substantial backpayment — estimated at up to $70,000 — but providing certainty for his tenants.

He said they were “very disappointed” by the decision and offered to help “chip in for the extra burden” with the costs.

Mr Montano said he believed other property owners across Geelong, the Bellarine and Surf Coast were facing similar fee issues.

“I fail to see how I’m the only one impacted,” he said.

“If other landowners are made aware of this we may have the ability to go class action as a collective group.”