ARTICLE
15 July 2011

The Carbon Pricing Scheme – How will it affect Landlords?

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Barry Nilsson

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Barry Nilsson is an award-winning national law firm of more than 550 staff, with offices in all six states. Our Insurance & Health and Family Law, Wills & Estates practices combine extensive industry knowledge with local expertise to deliver trusted, practical advice. We partner with our clients, evolving our services to meet changing needs, while fostering a strong internal culture that supports our people and community. Our Insurance & Health team includes 250+ specialist insurance lawyers advising across all major lines of insurance and a broad range of industries. From policy drafting and claims management to legislative and regulatory advice, we work alongside insurance clients and stakeholders to tailor strategies designed to achieve the best outcomes. Our Family Law, Wills & Estates team provides a full range of family law and estate planning services for local, international, and expatriate clients. We combine expertise with empathy to deliver advice tailored to individual circumstances.
Federal Government to introduce a price on carbon.
Australia Environment
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The Federal Government has announced that it will introduce a price on carbon from 1 July 2012. Below is a summary of the likely impact of the Carbon Pricing Scheme (Scheme) on landlords.

Utility charges

The Scheme is expected to cause a 10% increase in electricity prices and a 9% increase in gas prices immediately after it commences. However, it is possible that electricity and gas prices will continue to rise after the introduction of the Scheme because Australia's electricity is mainly generated by coal-fired power stations that will be heavily impacted by the Scheme.

Many landlords buy electricity and gas in bulk and then on-sell to their tenants, with each tenant's consumption being metered. In such cases, landlords will be able to pass any price increases directly on to their tenants.

However, landlords also consume electricity for lighting and to operate air conditioning in common areas of buildings. A landlord's ability to pass on increased electricity charges will depend upon whether its tenants are required to contribute to the outgoings for the building which they occupy. If a landlord's tenants are not required to contribute to outgoings (ie they pay a 'gross rent') then the landlord's return on its investment will be diminished.

Inflation

The Consumer Price Index (CPI) is expected to rise by an extra 0.7% when the Scheme is introduced. Consequently, landlords who have negotiated annual CPI rent reviews will benefit at the expense of their tenants. However, it is possible that the Australian Bureau of Statistics may publish the CPI net of the impact of the Scheme (as it did when the GST was introduced).

Recommended action

Landlords should review existing metering arrangements to ensure that all electricity and gas consumption by tenants is metered. Now may also be an appropriate time for landlords to move from charging a gross rent to a net rent for new leases.

For further information or to enquire how we can assist, contact Clive Nichol or Cameron Graham.

 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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