Getting a water meter fitted in rented property

scubatricky

My wife and I have recently moved into a large rented property that is supplied by Severn Trent. The first bill arrived, and we fell over. Severn Trent are charging us a water bill of over £650 a year, for a 5 bedroom house.

Previously we were renting a 2 bedroom house (we have no kids), and paying around £250 a year to Wessex Water.

We have approached Severn Trent and suggested we get a water meter fitted, as this would give a true reflection of the water used by 2 people in a house this size (I spend 5 nights a week in hotels, so less than a regular couples usage). They said no problem, but once fitted and in place for 12 months, is cannot be removed and reverted back to rateable value. Not a problem you might think.

We contact our letting agents, who duly contacted the landlord for permission to switch to a meter. The landlord has refused, as he has a family of 7. His thoughts are; when they return to the house in a few years time (maybe 4-5 years), they'll be on a meter and charged more than they were before they left.

Two questions:

Surely is we rent the property and are responsible for the bills, having a meter fitted is our choice, albeit a choice that affects the landlord.

What can the landlord do, if anything when we have a meter fitted? Would there be legal comeback on us for taking the decision.

Ultimately we're looking at paying out £400 a year extra for something we don't use, just so that the landlord can benefit when and if he chooses to move his family back in a few years time...

BackOnTrack

From http://www.stwater.co.uk/server.php?show=ConWebDoc.3826

What if I live in rented accomodation?

You still have the right to apply to pay by meter, but you should let your landlord know that you are applying.
If you have a short term tenancy of less than 6 months you must obtain written permission from your landlord.

So sounds like you are entitled to have a meter fitted irrespective of the landlord wishes.

BackOnTrack

If you have a tenenacy of more than 6 months or the 6 month tenancy agreement has been reached and has become a periodic tenancy you can have a water meter installed as set out in chapter 9 Section 11 of the Water Industry Act 1999:

209A Rights of tenants in relation to metering
(1) Subject to subsection (3) below, no express or implied term of any tenancy is to be regarded—
(a) as excluding or restricting the exercise by the tenant of any right to give—
(i) a measured charges notice under section 144A above, or
(ii) any consent for the purposes of section 144B(2)(a)(ii) above,
(b) as preventing the installation or connection, in pursuance of such a notice or consent given by the tenant, of a meter for use in determining the charges which may be fixed in relation to water supplied to the premises comprised in the tenancy, or
(c) as requiring any consent to be obtained in relation to such installation or connection.
(2) In subsection (1) above “tenancy” includes a licence which is treated as a tenancy by virtue of section 79(3) of [1985 c. 68.] the Housing Act 1985; and references to a “tenant” are to be construed accordingly.
(3) Subsection (1) above does not apply where the tenancy is a fixed term tenancy for a term of less than six months; and for this purpose “fixed term tenancy” means any tenancy other than a periodic tenancy.

So yes you can indeed have a meter installed irrespective of your land lords wishes.

Cardew

You don't need permission of landlord.

In any case all the Water companies are entitled to make a meter mandatory on change of occupant; some companies enforce that regulation, others don't at the moment, but they might soon have no option. If that happens your landlord will have no option when he moves back into the house.

System

It sounds like if you go ahead with getting a meter fitted you stand a very good chance of getting a sect 21 at the end of your 6 months.

scubatricky

!!!!!! wrote: »

It sounds like if you go ahead with getting a meter fitted you stand a very good chance of getting a sect 21 at the end of your 6 months.

What does that mean? Sect 21? Is that a notice to quit?

System

Yes it is ...

scubatricky

I've written to the letting agents asking for consideration of the Water Industry Act 1999, and that by respecting the wishes of the landlord, we are giving up our rights under this act.

Therefore; are they in a position to compensate us for withholding our rights in this way - the compensation must be commensurate with the amount that we pay extra in order that the landlord remains 'meter free'.

macman

What does your STA say with regard to the utility meters?

BackOnTrack

Doesn't matter what the STA says about utility meters. The Water Industry Act overrides any contractual terms it may contain.

macman

I know, but if the landlord didn't bother to request permission for a meter change in the STA, then he has even less reason to moan if the tenant goes ahead and fits a meter.