Here is a question from David who is a landlord
I have a hmo student property and have just returned fro holiday to find that the electric and gas suppliers have been in and fitted a card/key meter. Yet we are not allowed them . Have they acted illegally?
I have to confess that I don’t really know the answer to this one – maybe you do?
My legal knowledge does not extend to the various laws governing utilities and their rights or to technical rules regarding standards / fixtures and fittings in properties and building regulation issues, which are really more the preserve of the surveyor.
There are also some questions that I would want to have answered before I could attempt to provide any advice to this situation or go away and look anything up:
- Did the electric and gas suppliers fit the meter at the request of the students?
- If not, why did they attend at the property in the first place?
- Were you given any notice of this? Presumably not.
- Was any reason given for fitting the meters and if so what was it?
- Why are meters are not allowed – is this an HMO standard set by the Local Authority or some other regulation?
- If it is an HMO requirement will this breach put your license at risk?
My advice would depend on the answers to these questions. Or is there some obvious answer which I have missed?
They haven’t broken any laws as far as I’m aware.
Prohibiting prepayment meters is possibly an HMO restriction set out by the Local Authority, perhaps to prevent landlords reselling energy to their tenants at exorbitant prices or to prevent issues with any fire alarm/emergency lighting systems if the credit runs out (I’m speculating here).
I would notify the authority (in writing) and if the prepayment meter is not doing any harm then it’s probably not going to be an issue.
The tenant has the right to choose their supplier (OFT unfair terms ruling) and if that supplier insists on a prepayment meter there probably isn’t much you can do about it, unless the Local Authority really do kick up about it.
The problems will probably come at the end of the tenancy if you want the meter removed.
Different suppliers have different policies, but some charge for the removal of prepayment meters. Some suppliers will change it over to credit meter free of charge for new bill payer. Alternatively if they are going to charge, you could ask a new supplier if they’ll swap it free of charge if you switch suppliers. It really all depends on the supplier but if it does result in you being out of pocket in any way then I don’t see any reason why you shouldn’t be able to charge it from the tenant’s deposit.
My understanding (which may not be wholly accurate) is that a HMO cannot have a prepay electricity system installed if this system services the fire safety mechanisms in the property, for obvious reasons. I have seen meters installed in HMO properties where the meter services the electricity to the property but all the fire alarms, escape lights etc run on a seperate circuit which is billed. This means that a lack of credit in the meter won’t pose a risk to the safety of the tenants.
Yep, that’s what I was trying to say. However, I expect it’s not an HMO issue in most cases because the tenant will have separate supply from any central circuits. Where it may become a bigger issue for the landlord is with the deposit.
This intrigued me so I just called one of our guys in environmental Health residential. His view was they discourage key and card meters because under the management regulations the landlord is responsible for the supply and if the tenants start arguing about who owes what the supply can be disconnected and the landlrod is down for interfering with supply.
So more of a practicality really. Certainly as a TRO I would say we get big problems with HMOs when landlords have key and card meters, stick tenants in and chuck the key/card in and tell them to get on with it. Arguments break out about payments all the time
Usually in a HMO the landlord is responsible for the gas and electric supply. Therefore his name would be registered as responsible for the payments. How has the energy supply company changed the meters without contacting him first?
I believe that the electricity company has put the lives of the occupants at risk unless there is a separate landlords supply. No doubt to meet the regs there will be fire and smoke alarms mains wired with battery back-up and knowing students the way I do those alarms will have had the battery run out and removed to stop the beeping and not replaced. I would urge the landlord to get it sorted ASAP
As electricity companies wont care. Generally it is a good idea, to put a notice on the meter requesting engineer to confirm with property owner. If it is replaced they can not have deniability .