Landlord claims breach of contract because of SmartMeter

missbunty

Hi all

I was private renting in the UK up until recently and received a letter from my energy provider about 5 months ago stating my (old) meter needed replacing and they would fit a SmartMeter. I arranged for the SmartMeter to be fitted and ended up finding it very useful as it helped me monitor my energy use and reduce my high bill a bit. I've since moved out but now the Landlord is up in arms about the fact that I had a smartmeter installed without their consent.

They did not pay for the energy bills and it was not part of the tenancy agreement so from what I understand doing research, it's my right as a tenant to choose my own supplier (which would apply to the new tenant as well).

The landlord now claims I breached my tenancy agreement since I made changes to the property without consent, however, I do not see how the landlord owns an electricity meter? Am I wrong here to assume that the meter is owned by either the energy provider or any other third party, but not the Landlord? I tried to look into this but couldn't find any information and am struggling to get a hold of someone at the energy supplier.

The landlord insists i change back their meter to the old analogue one (!!!) and intends to hold mz deposit back in full but conveniently ignores me pointing out that this is not their decision, but the new tenants, and that I do not see how this relates to their property as the meter is in a communal cupboard outside the flat...

Any advice here is appreciated. I have already raised a dispute with the TDS and am trying to get hold of the supplier, but if anyone has a tip that would be helpful.

pramsay13

In hindsight you should have probably contacted the landlord when the work was being done as it still concerns their property, but not much you can do about that now.

As far as I'm aware the energy company own the meter and are responsible for it although at this stage they are still optional.

If you have already raised a dispute with the TDS they will decide if the landlord is right or wrong so you may as well wait for that verdict.

Comms69

The landlord does not own the meters and has no legal interest in them.

tacpot12

The landlord would not win a breech of contract claim in court, and I expect the deposit protection scheme will also not allow a deduction from your deposit for this. The landlord will not lose any money as a result of having a SmartMeter fitted.

jbainbridge

Your deposit is protected, yes?

Claim your deposit back from the scheme. Not entirely sure how the landlord can despute it .. it's still a meter.

rr755507

If you are no longer the bill payer, then you cannot change the meter.

As for the LL he has suffered no loss.

moneyistooshorttomention

The landlord probably decided not to have a smart meter.

If you wanted one - then you should have asked - and I'm not at all surprised he's not very happy.

I suggest you find out whether he can have HIS meter (not yours!) changed back to a normal one and arrange to cover the cost of any inconvenience to him of the fact that you made HIS decision for him.

It may well be your right to choose your own supplier - but that does not mean its your right to choose to change the type of meter. Thanks to you - it's quite possible that anyone else in the future would have problems changing supplier. Add they may have read about the health hazards of them. Add they may not appreciate the privacy intrusion aspect of someone at the end of a computer screen elsewhere in the country being able to check on whether the amount of fuel being used at any given moment is consistent with the occupier being in.

I would be livid in his position.

missbunty

moneyistooshorttomention wrote: »

The landlord probably decided not to have a smart meter.

If you wanted one - then you should have asked - and I'm not at all surprised he's not very happy.

I suggest you find out whether he can have HIS meter (not yours!) changed back to a normal one and arrange to cover the cost of any inconvenience to him of the fact that you made HIS decision for him.

fair enough, i should have asked but the landlord doesn't live in the property...they have a new tenant in so from what i have read, landlords can not refuse a tenant to have a smart meter installed unless they have very good reason. absolutely understand they do not want one in their own home but this is is their letting property so not seeing why they would have objections to it....

rr755507

moneyistooshorttomention wrote: »

I suggest you find out whether he can have HIS meter (not yours!)

The meter is not owned by either of these parties

moneyistooshorttomention wrote: »

changed back to a normal one and arrange to cover the cost of any inconvenience to him of the fact that you made HIS decision for him.

An ex-tenant cannot get the meter changed. If the landlord is now the bill payer, then he would need to phone the supplier who will change the meter back FOC.

If the landlord isn't the bill payer, then why does he care. It is going to happen sooner or later anyway.

Gers

Comms69 wrote: »

The landlord does not own the meters and has no legal interest in them.

moneyistooshorttomention wrote: »

The landlord probably decided not to have a smart meter.

If you wanted one - then you should have asked - and I'm not at all surprised he's not very happy.

I suggest you find out whether he can have HIS meter (not yours!) changed back to a normal one and arrange to cover the cost of any inconvenience to him of the fact that you made HIS decision for him.

I refer you to the answer given above. You are wrong.

Pixie5740

moneyistooshorttomention wrote: »

The landlord probably decided not to have a smart meter.

If you wanted one - then you should have asked - and I'm not at all surprised he's not very happy.

I suggest you find out whether he can have HIS meter (not yours!) changed back to a normal one and arrange to cover the cost of any inconvenience to him of the fact that you made HIS decision for him.

It's not "his" meter, the landlord doesn't own it. What difference do you think it makes to the landlord whether there's a regular meter or a smart meter in the property?