Landlord claims breach of contract because of SmartMeter

Throwaway1

elenemc wrote: »

A smart meter is great while you are with the supplier who installed it but when you want to change to another supplier you will be told it "may lose some functionality". In other words it will no longer function as a smart meter because the government as usual has rolled out the whole smart meter program prematurely before the technology is ready. In fact rather than encourage freedom to move between suppliers, people are tied to the supplier who installed the meter unless they are happy to forego smart meter functionality to make savings.

But then the LL is left with a non smart meter which is what they wanted all along.

studentguy

Skools_Out wrote: »

It doesn't matter who owns the meter. The landlord may not even own the property.

The general rule is that unless you return the property in the same condition as in it was originally let (save fair wera and tear), then you will be in breach of the tenancy agreeement.

I see you accept by your own admission that you arranged for the smart meter to be fitted. I also see that later in this thread you now agree you should have sought the landlord's permission you set about changing the property which was let to you.

The situation is not dissimilar as to changing a credit meter to a PPM (or vice versa)



Source: https://www.moneysavingexpert.com/utilities/switch-prepaid-gas-electricity/


The main difference here is that the remedy available to the landlord is normally to charge the teanat (e.g. by deduction from the security deposit) the cost of returning the property to the same condition it was originally let in.


The difficulty here is that the landlord may not be able to arrange for the smart meter to be replaced with a traditional meter at any cost.
What the lanlord may, however, be able to demonstrate is that by changing the meter to one that is less appealing to the the local market, that could adversely affect the rental value in future. Who do you think should pay for that?


There are several threads on the Energy board from p4eople who are generally unhappy with smart meters at present, not leaset because as soon as there is a change of supplioer, they revert to dumb meters ... but are generally more difficult to read manually than traditional meters.


So, in future, if you want a property that you can do what you want with (within reason and legality), buy your own!

Don't expect a reference from this landlord unless you first re-build your bridges and come to an amicable resolution.

Talking out of your other hole. Why are you quoting articles about other types of meter (and therefore change how the house is charged) - they are not comparable.

https://www.ofgem.gov.uk/consumers/household-gas-and-electricity-guide/understand-smart-prepayment-and-other-energy-meters/smart-meters-your-rights
that's from OFGEM, who probably know about these sort of things. Have a read and educate yourself. Unless it was explictly mentioned in the tenancy agreement (and even then the LL needs good reason to deny it), you can change to a smart meter without permission from LL. That's the law. Full stop.

elenemc

I had a tenant who was going to change to a smart meter though for whatever reason did not go ahead with it. I only knew about it because the supplier (British Gas) informed me. I wonder why they felt it appropriate to do so?

rr755507

elenemc wrote: »

people are tied to the supplier who installed the meter unless they are happy to forego smart meter functionality to make savings..

Rubbish. The meter will do everything a 'dumb' meter would do with a different supplier, and doesn't tie them to the supplier who installed.

Comms69

elenemc wrote: »

I had a tenant who was going to change to a smart meter though for whatever reason did not go ahead with it. I only knew about it because the supplier (British Gas) informed me. I wonder why they felt it appropriate to do so?

No idea, BG clearly breaching data protection regulations there...

Gers

rr755507 wrote: »

Rubbish. The meter will do everything a 'dumb' meter would do with a different supplier, and doesn't tie them to the supplier who installed.

The new (not yet fully rolled out, I think) SMET2 will allow that, the current SMET1s don't. Hence the stalled uptake of them.


https://www.moneysavingexpert.com/news/energy/2017/10/energy-firms-to-roll-out-smart-meters-which-let-you-switch-from-early-2018

Smodlet

Gers wrote: »

The new (not yet fully rolled out, I think) SMET2 will allow that, the current SMET1s don't. Hence the stalled uptake of them.


https://www.moneysavingexpert.com/news/energy/2017/10/energy-firms-to-roll-out-smart-meters-which-let-you-switch-from-early-2018

And hence the pressure from suppliers to have them fitted so they can avoid fines for not hitting their quotas which we, the customers, will end up paying anyway.

Unless the LL is re-selling energy, which should be stated in the TA, he has no say in who the tenant chooses as a provider nor in what kind of meter they have. Is a LL able to stop a provider installing a prepayment meter if they have a warrant to do so? No.

Those who insist on prepayment meters have to state this in writing, don't they? I can never see the logic as LL's are legally forbidden from profiting from the resale of energy; they are allowed to sell it at cost only.

OP, as stated many times, your LL is full of it. Please let us know when you get your deposit back... Are you not able to claim for 3 x its value if it is unreasonably withheld?

Comms69

Smodlet wrote: »

And hence the pressure from suppliers to have them fitted so they can avoid fines for not hitting their quotas which we, the customers, will end up paying anyway.

Unless the LL is re-selling energy, which should be stated in the TA, he has no say in who the tenant chooses as a provider nor in what kind of meter they have. Is a LL able to stop a provider installing a prepayment meter if they have a warrant to do so? No.

Those who insist on prepayment meters have to state this in writing, don't they? I can never see the logic as LL's are legally forbidden from profiting from the resale of energy; they are allowed to sell it at cost only.

OP, as stated many times, your LL is full of it. Please let us know when you get your deposit back... Are you not able to claim for 3 x its value if it is unreasonably withheld?

No, only if it!!!8217;s not protected.

robatwork

Something nobody has mentioned is that electricity is more expensive when piped through a smart meter. When it returns to being a dumb meter, the extra distance the electricity has to travel through the new cabling is approximately 50% more, giving a cost rise of 50%.




This post has been brought to you by the Clueless Landlords Club of GB. Now accepting new members.

Gers

robatwork wrote: »

Something nobody has mentioned is that electricity is more expensive when piped through a smart meter. When it returns to being a dumb meter, the extra distance the electricity has to travel through the new cabling is approximately 50% more, giving a cost rise of 50%.




This post has been brought to you by the Clueless Landlords Club of GB. Now accepting new members.

:rotfl::rotfl: