Landlord ripping us off for electricity

[nyacar]

Hi everyone,

 

We are coming to the end of our tenancy in a small 1 bedroom flat. It's a conversion of a small house into 2 tiny flats that didn't involve separating the utilities, so the water and gas is included in the rent. The electricity is in the landlords name, with each flat having a coin operated electricity meter.

 

It's an ancient pound coin operated meter and at the start of the tenancy it was set to take 18p per unit of electricity. Later during the tenancy a coin got stuck and when he came to repair it he bumped the price up to what looks like 21.5p per unit. Adding up what we have spent on electricity it comes to nearly £900, when average households appear to spend 400-500 pounds.

 

From looking at the law (Maximum Resale Price Provisions - OFGEM) it seems like he is not allowed to charge us more than £5 over what he personally paid, and at the residential rate only. In addition he has a legal duty to tell us what he is paying, and provide documentary evidence.

 

Here is what I have:

A photo of the meter at the start of the tenancy, showing the total number of coins inserted, total electricity used and the price at 18p per unit

A dated photo now showing the same meter, with the price currently set to 21.5p per unit and the total number of coins inserted

 

My questions!

 

We emailed him yesterday asking for this proof and despite visiting for a viewing today (the 16 viewing so far) he didn't mention it, although we didn't bring it up because there was a potential tenant with him. We can send a recorded delivery letter and bring it up in person, but what happens if he refuses? The OFGEM document doesn't say, other than that the price we pay should be reduced by double the base rate for as long as he refuses, but we are leaving soon.

 

I estimate that the most we are out by is about £400, so it would be a small claims job if it can't be settled between us. Is this enough evidence to get a favourable judgement?

 

Any other advice or suggestions would be appreciated.

Thank you!

 

edit: found a photo of the meter at the start of the tenancy

Edited June 21, 2014 by nyacar

[45002]

Yes you can sue in the county court, but you need to prove LL is over charging you

 

The way i read it is under the Resale of Electric, LL cannot charge more than what LL pays for on the bill in his name.

 

So say if it was 15p a unit, that's All LL can charge you.

 

You need to find out what tariff LL meter is on !

[nyacar]

Right, and to do that he needs to fulfil his legal obligation to show us the electricity bills but I have found no clear way of forcing him to do so.

[45002]

Right, and to do that he needs to fulfil his legal obligation to show us the electricity bills but I have found no clear way of forcing him to do so.

 

A court order would cost too much, so im not sure myself

 

Only thing i can suggest is give CAB a ring and if and when you move make sure the gas and electric meters are utility supplier's, accounts are in your name and not privately owned LL meters...

[mariner51]

IMO LL has no legal obligation to show a 3rd Party statements of account held in his name, though a Judge could compel.

You know at what rate your prepayment meter is set, so contact Utility supplier or search their website to determine what tariffs are avail for LL, esp prepayment rate. Or get Utility to send round a meter inspector as you fear yours may be faulty.

Transfer electric supply into your (T) name and request a change of meter to key meter or standard quarterly meter from supplier.

[nyacar]

Only thing i can suggest is give CAB a ring and if and when you move make sure the gas and electric meters are utility supplier's, accounts are in your name and not privately owned LL meters...

Alright thanks, probably the best option now

 

IMO LL has no legal obligation to show a 3rd Party statements of account held in his name, though a Judge could compel.

You know at what rate your prepayment meter is set, so contact Utility supplier or search their website to determine what tariffs are avail for LL, esp prepayment rate. Or get Utility to send round a meter inspector as you fear yours may be faulty.

Transfer electric supply into your (T) name and request a change of meter to key meter or standard quarterly meter from supplier.

 

Then you haven't read the maximum resale price provisions I mentioned earlier, which is where OFGEM has sets rules for landlords based on the power given to them in the Utilities Act 2000.

6.

Any person who resells gas or electricity supplied by an authorised supplier shall, on

request from a person to whom gas or electricity is resold or who is contemplating

purchasing gas or electricity from the reseller, inform that person of the price or

prices payable under the contract through which he purchases that gas or electricity,

and on request furnish that person with documentary evidence in support of this

information.

They even say that the confidentiality issue was raised as an objection and dismissed.

 

One respondent argued that this information is confidential to the two parties to

the primary supply contract. Ofgem’s view is that any requirement imposed

pursuant to legislation would have the effect of nullifying this confidentiality,

particularly since the courts would have the power to require the information in

any case.

In our final proposals document we agreed with the comment made by one

respondent that the only way in which such a provision could be made to work

in practice was through any decisions made in the customers favour by the civil

courts. We would expect the courts to reach a conclusion as to whether the

amount of any arrears claimed by a landlord for the period of a dispute should

be reduced in this way.

We therefore confirm that we will implement this particular proposal.

We have concluded also that landlords should provide information to the

tenant on request.

 

I can't find out what exact tariff the house is on because the account is in his name (though coin operated meters like this are not prepayment, especially when LL owned). I don't fear the meter is fault but even if I did that would have to go through LL. If I transferred the supply into my name then I would also be paying for the electricity of my upstairs neighbour. Plus since I'm moving out it's not really future payments I am worried about, but previous ones.

[rebel11]

Hi nyacar

 

Here's some info:-

 

http://www.adviceguide.org.uk/england/consumer_e/consumer_energy_supply_e/consumer_energy_bills_e/consumer_paying_your_energy_bills_e/paying_your_landlord_for_energy.htm

 

Info only :- http://www.uregni.gov.uk/uploads/publications/Guidance_for_Resellers_of_Electricity_or_Gas.pdf

[nyacar]

Phoned CAB, phoned Shelter, phoned the Housing Ombudsman Service, phoned the Energy ombudsman and everyone is giving us each others number.

 

Will go to CAB office today but since OFGEM doesn't seem to have specified any recourse for not supplying this information i'll probably just have to work out an estimate based on the suppliers advertised rates and let the court deal with the details if the LL refuses to cooperate.