Landlord refusing to allow tenants to switch supplier - Odd Situation

Ruurb

Hello,

I'm looking for a bit of help from some more experienced people as I am in a bit of a slight predicament.

In summary, I live in an apartment which was recently converted from a block of offices. The landlord is saying that tenants cannot switch supplier because there is one electricity feed into the building and therefore sub-meters for each apartment springing off that one feed - effectively if one person switches then they all switch.

I know that unless the LL is paying the utility bills and I in turn pay the LL then ordinarily I have a right to switch supplier if I am paying the bills direct. But what about this situation? The LL seems to be confident that legally (he has told me they have sought legal advice) they are entitled to refuse in this situation but there seems to be nothing that I can find on the internet about this specific type of problem, and it seems that this sort of scenario leaves me in limbo.

Any ideas as to whether the LL is right or wrong and reasons why would be appreciated.

elverson

At the moment do you get your own electricity bill in your name for just your flat?

bap98189

The landlord is talking bull. Each meter has a unique MPAN number which is all that is required to change supplier. Find which meter is yours, note down that number and you will have no issues changing supplier. If the bills are in your name, they won't even know you have done it.

Slithery

bap98189 wrote: »

The landlord is talking bull. Each meter has a unique MPAN number which is all that is required to change supplier. Find which meter is yours, note down that number and you will have no issues changing supplier. If the bills are in your name, they won't even know you have done it.

But if what the landlord says is correct - that there is only one official meter for the entire building, then the supply is in the landlords name. Only they will be able to change supplier.

I have lived in flats where there was only one supply to the building, which goes through an official meter before being split into separate supplies for each flat, each with there own sub-meters which are only used to split the bill appropriately for each flat. As long as the landlord doesn't make any profit from the supply this is a perfectly valid setup.

Ruurb

Currently have been paying the LL a fixed fee but they have now changed the terms of the tenancy so that we are now going to be billed individually for our own uses. As far as I am aware the LL is not paying the bills then recovering the cost from tenants (and the letting agent has not indicated this). So I suspect in the next month or so we will receive a bill directly to us yes.

elverson

Try here also:

http://www.ukpowernetworks.co.uk/internet/en/help-and-advice/what-is-my-MPAN/

45002

Ruurb wrote:

Hello,

I'm looking for a bit of help from some more experienced people as I am in a bit of a slight predicament.

In summary, I live in an apartment which was recently converted from a block of offices. The landlord is saying that tenants cannot switch supplier because there is one electricity feed into the building and therefore sub-meters for each apartment springing off that one feed - effectively if one person switches then they all switch.

I know that unless the LL is paying the utility bills and I in turn pay the LL then ordinarily I have a right to switch supplier if I am paying the bills direct. But what about this situation? The LL seems to be confident that legally (he has told me they have sought legal advice) they are entitled to refuse in this situation but there seems to be nothing that I can find on the internet about this specific type of problem, and it seems that this sort of scenario leaves me in limbo.

Any ideas as to whether the LL is right or wrong and reasons why would be appreciated.

Ruurb wrote:

Currently have been paying the LL a fixed fee but they have now changed the terms of the tenancy so that we are now going to be billed individually for our own uses. As far as I am aware the LL is not paying the bills then recovering the cost from tenants (and the letting agent has not indicated this). So I suspect in the next month or so we will receive a bill directly to us yes.

Hello Ruurb

From what you posted the LL meter and account is in his name and he reselling electric to the tenants via the LL sub meters.

If this is the case you cant change suppliers, The LL can only charge you for No more than what he pays on the main meter.

He cant profit from selling electric to you this is covered by resale of gas and electricity

Read on https://www.ofgem.gov.uk/ofgem-publications/74486/11782-resaleupdateoct05.pdf

theartfullodger

Out of interest, what sort of agreement have you been given - an AST or some sort of "licence"??

Do you pay council tax for your apartment?

Who pays what for water??

G_M

It's really not clear from hat you say who is paying the electricity supplier:

Ruurb wrote: »

As far as I am aware the LL is not paying the bills then recovering the cost from tenants (and the letting agent has not indicated this). .

So if the LL is not paying, who is the electriity company billing?

Currently have been paying the LL a fixed fee but .

But then if you've been paying the LL a fixed fee, then that imples the LL IS paying the supplier...... :huh:

they have now changed the terms of the tenancy so that we are now going to be billed individually for our own uses

billed by who? the LL? or the supplier?

Until you understand the arrangement we cannot advise.

Oh! And what does your tenancy agreement say about utilities? Exact wording please!

And you say "]they have now changed the terms ". They cannot do that wthout your agreement. Have you agreed? If so, why? Given that you don't seem to understand either the current billing process, or the proposed new prcess.

Ruurb

Thanks for the replies.

The relevant terms under the tenancy states that the gas/electricity will be provided by the energy supplier and that the standard wording about the tenant paying for all utilities, water charges etc. Nothing to suggest the LL is paying or reselling the gas

@45002 I accept your point about the account being in the LL's name, but if we are being billed direct by the energy supplier, surely the LL is not reselling the gas in that instance? How can we determine if the LL is not profiting from it, are we entitled to know the rates, take meter readings etc? I don't even know where the meters are in the building!

@theartfuldodger, it is an AST yes and we also pay for council tax too. When we first started the tenancy it was a fixed rate of £75 inc. water rates and electric. Apparently, due to the energy supplier being unable to bill individually for each apartment, the LL took the decision to charge apportion the bills at £75 per apartment (or perhaps this was a lie and it was down to some tenants excessively using electricity and water?!). Now water rate £25 per month unless we go over and we are billed for it, electricity as said above is billed individually moving forward.

My initial view from a legal perspective is that it falls foul of competition law and/or is an unfair contract term. However, if there is in fact one electricity feed into the building then the LL arguably may say that it is disproportionate cost-wise to spend more money installing further feeds/meters. I don't know if there is anything in statute that makes it unlawful in a residential tenancy situation to prevent tenants from switching, or at least I've found nothing.

I was perhaps thinking that if all tenants agreed (or the majority) to switch then that might be an option but the LL is refusing that too.

@G_M, the issue about changes to the tenancy terms is irrelevant since they've served a s.21 and reissued us with a new tenancy agreement on the new terms, albeit very poorly drafted with a number of excessive charges but that's besides the point. My main interest is the choice of supplier.

G_M

Ruurb wrote: »

Thanks for the replies.

The relevant terms under the tenancy states that the gas/electricity will be provided by the energy supplier and that the standard wording about the tenant paying for all utilities, water charges etc. Nothing to suggest the LL is paying or reselling the gas

Please quote the exact words.

@G_M, the issue about changes to the tenancy terms is irrelevant since they've served a s.21 and reissued us with a new tenancy agreement on the new terms, albeit very poorly drafted with a number of excessive charges but that's besides the point. My main interest is the choice of supplier.

A S21 notice does not end a tenancy. So unless you agree to surrender your tenancy, and then agree to whatever terms are proposed in a new tenancy, the LL cannot change the current terms.

Only a tenant, or a court, can end a tenancy. NOT a landlord.