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Landlords responsibility for paying energy bills? What do we think?

  • December 27, 2024
  • 6 replies
  • 467 views

I am posting my views with complete respect for the views of others who have posted, especially Nukecad, who goes the extra mile to help those who ask questions.

These are my views but I welcome evidence based arguments that support or contradict what I believe. Such feedback is healthy and helps us all understand things better.

However, until there is a binding court ruling on who, between a landlord and an occupying tenant is liable for electricity charges in a rental property with just one supply meter, then all anybody giving guidance can do on this forum is offer advice based on their experience or what they believe is correct.

IMHO, the problem landlords and tenants have is that the Utility Companies, and the Energy Ombudsman service, work together to set the agenda to suite themselves.

I have heard of examples when the Ombudsman has been specifically asked to make a ruling on whether the occupier or the landlord is liable for the electricity supply in a rented property with just one supply meter.

The Ombudsman completely avoids answering the question.

This, I believe, may be to protect the utility companies from having to introduce a new department to 'identify the tenants in a rental property, to keep track of when tenants arrive and leave and collect meter readings' (understandably an extra cost to the utility companies, but arguably something that is their business to do).

So the Ombudsman have created their own special rule which says that in this situation they use the general principle that all Ombudsman use. This states that the landlord is responsible until it is proven otherwise.

What do other forum contributors say about this?

This is not fair as it is more within the power of the utility companies to manage.  (With their resources of paid field agents and paid customer service departments, with access to registered voters, council tax records, credit agencies, etc)

Landlords do not pay themselves, nor get paid by utility companies, for carrying out administrative duties on behalf of utility companies. (This needs to change). Anybody agree/disagree with this view?

The Ombudsmans special rule is despite their not being any laws that require landlords to provide written tenancies to tenants, and no laws or regulations requiring landlords to share the data they hold on their tenants.

Am I correct on this, any views?

The tenants are the customers of the utility company, surely they should find out who they are. Agree?

GDPR prevents utility companies from telling/confirming the names of their customers to landlords (even though the customers are the landlords tenants)

Are you a landlord that manages the business of the utility companies for them?

My view on who is liable for electricty charges in rental properties is based on my interpretation of schedule 6, clause 3(i) of the 1989 Electricty Act).

This is that from the time they began to use the supply, the tenant, by way of occupation and usage, is liable for the supply.

The landlord would only be liable if the property is empty (same Act) and the supply is used and their is a standing charge, or if no supply is used and there is a standing charge  then they are just liable for the standing charge.

Agree? Disagree? Any thoughts?

                    ....….............................

Win some, lose some but always challenge if you believe something is not fair.

  • Carbon Cutter**
  • December 27, 2024

I can only respond from my own experience of some years ago when I rented out my property while away for some years.  The agent who handled my house always took a reading at the commencement of a tenancy and the supply was put into the new tenant’s name.  At the end of the tenancy the agent took a reading, and then the responsibility for the consumption was mine, although usually it was just the standing charge.


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I also can only inform you of my opinions having been until very recently, (3 months ago) a landlord of several properties since 1988. As LPen, meter meetings are taken, sorry were taken, at the start and finish of any tenancy , the supply was arranged by the tenant and a copy of the agreement handed to me at the handover date. The reverse on the tenant giving notice. In my view it is up to the landlord to check all utilities are aware of the tenant and it is the landlords responsibility to do this, otherwise all sorts of problems can arise.

In 33 years I never had a problem with any utility companies.

 


  • Carbon Catcher*
  • December 28, 2024

This is a very difficult topic for which there is not an easy answer. It does of course only apply where homes are in multiple occupation. A single tenant/family in a flat/house for example would be named on the bill. The landlord responsibility was essentially extinguished when the community charge came in the early 1990’s. Up to then the landlord was responsible in most properties for the rates (now council tax), water rates and probably electricity and gas too.

Where there is no single responsible tenant as in a multi-occupied household it makes sense for the landlord to manage this as “a lead owner”. However, this makes extra work for the owner dividing up the bill and there will alway be some argument over who has used more. In flats there is usually a buildings insurance policy which is divided up amongst all the owners. It is not unreasonable for a small commision to be added for billing individual owners. The same should apply if utilities are divided in this way.

This is only an option/opinion but there needs to be a legally binding way forward for these types of properties.


Emmanuelle_OVO
Community Manager

A very interesting debate starter ​@Andrew Burton! 🙂


  • Carbon Cutter**
  • February 7, 2025

People whose names on the bill are responsible for the bill. It’s tenant’s responsibility to inform about moving in or out of the property. But it’s also the landlord’s interest to check if the tenant has informed the supplier. Putting meter readings into the tenancy contract helps with managing that.


Blastoise186
Plan Zero Hero
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Unfortunately, much of this discussion had to be taken down after some issues arose. We’re unable to restore it, for which we apologise.

Please note that (as always) the words I write in this comment are my own. But these words do benefit from a lot of research and discussion with a ton of people. They know who they are and all of them have my thanks.

However, I can give you the rough idea based on what I recall. Long story short:

  • Landlords are always responsible for paying energy bills and managing energy accounts for Void Properties/Periods i.e. periods where there is no active Tenant
  • I strongly recommend that upon moving in, control of ALL utilities should pass to the Tenant who should set up their own account(s) and let them deal with everything from there
  • Upon the tenant moving out, the outgoing tenant should close their accounts down, so that control passes back to the Landlord who should again create a new temporary landlord account
  • Ideally, landlords should try to avoid naming themselves as responsible for bills outside of void periods
  • In the case of a HMO, I strongly advise that each room has its own dedicated supply meter (not a landlord sub-meter!) and dedicated energy account with a supplier like OVO, so each tenant/sub-tenant can just deal with energy bills on their own without affecting or being affected by other tenants (or the landlord)
  • For a block of flats, it’s DEFINITELY a good idea to split things up so that every single flat gets its own dedicated supply from the street, complete with dedicated MPAN/MPRN, Energy Meters and Energy Supplier so that whoever moves in can make their own decisions - and most importantly, doesn’t have to share the incoming supply with anyone else!
  • It’s critical that these matters are solidified in Tenancy Agreements so that everyone knows what’s what
  • If the Tenant does a runner, the Landlord MUST formally end the Tenancy Agreement i.e. go through the entire Eviction Process via the Courts before being able to re-enter/repossess the property and take back control
  • Any disputes over any of the above are ultimately for the Courts to deal with - the OVO Forum can’t provide legal advice so you’ll need to ask a lawyer for help if the Energy Ombudsman finds itself stumped or paralyzed

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