Is my COMMERCIAL landlord ripping me off regarding business electricity charges

Claireliza83

I have a shop with a sub-meter. I'm a small business and my usage is on average about 800kWh/month. My landlord has a contract with Scottish Power and he charges me 49p/kWh. This is the price including the standing charge. He's not provided the breakdown of standing charge and pence per kWh.

Back when electricity prices were at their peak, and the Energy Bill Discount Scheme was introduced for businesses, I was expecting my landlord to pay back some of the refund that he would have received, and he even emailed all his commercial tenants in a joint email during this time to say that he would pass on any refund, however after I had calculated what I should have been owed back in April 2023 none of us have received anything and his final response on this was that because we don't have our own electricity contracts, we aren't entitled to any refund, and should we wish to get our own supply and change our sub meters into billing meters then we could go ahead and do that at our own expense!

I have tried to seek advice about a year ago from Ofgem and also from Citizens Advice. Ofgem came back and said that he should be passing on any discounts/refunds he would have received, and Citizens advice said that as it's commercial, there is no law to say that commercial landlords can't make a profit from reselling electricity so that made me feel that I don't have a leg to stand on regarding taking anything further.

I asked my landlord if I could see the main bills but he skirted the subject and never provided these. As of April 23 when the new Energy Bill Discount Scheme came into effect, this is when he confirmed the new fixed rate of 49p/kWh but never said how long this was fixed for, and also never confirmed that this was anything to do with the EBDS even though I asked.

I would like to know what my rights are when it comes to business energy and commercial landlords. I am struggling with these electric bills and it's now more than the rent I pay for my shop each month, and I can't just go and find a better deal because it's all up to him. I know prices have dropped and it makes me angry when I see business electric rates of about 25p/kWh and I'm paying double that.

I want my money back from the discount scheme, and I want to know he's not ripping me off regarding the current rate, but he's not forthcoming with evidence of bills, and if I refuse to pay a bill until he gives me answers, I don't want him to terminate my lease because of it. I don't know if he's right in saying we're not entitled to any refund, so any advice on what I can do to take this further would be appreciated.

BarelySentientAI

EBDS wasn't a refund, it was a modification to the unit price charged by suppliers on some tariffs.  There is no refund sat waiting to give back to you.  The EBDS meant he could sign a 49p/kWh contract rather than a 51p/kWh contract.

Commercial resale isn't subject to caps.

Today's rate means nothing.  He might have signed a 2-year deal last April.

Claireliza83 said:

should we wish to get our own supply and change our sub meters into billing meters then we could go ahead and do that at our own expense!

He's right.  Then you can choose whatever tariff you want

Claireliza83 said:

I would like to know what my rights are when it comes to business energy and commercial landlords. 

Very few.  You are a business, you don't get your hand held like retail customers do.

Robin9

I don't know how you've done your sums but the EBDS scheme wasn't a lot in reality.  The discount for me was about 1.8p

At one time I was paying over 55p plus VAT -  yes rates have fallen and I'm now down to 25p   but with a s/c of £1.61 / a day.
 

Claireliza83

BarelySentientAI said:

EBDS wasn't a refund, it was a modification to the unit price charged by suppliers on some tariffs.  There is no refund sat waiting to give back to you.  The EBDS meant he could sign a 49p/kWh contract rather than a 51p/kWh contract.

Yes sorry, I meant the Energy Bill Relief Scheme (not the EBDS which replaced it) where they were supposed to backdate the discounts which would have been applied to bills from January 2023 which is what I calculated based on the information of how it would be calculated online. That's what I didn't see any of when prices were 70 something pence per kWh. He was just totally unwilling to be transparent about his bills and surely I had a right to see them seeing as though some of my usage contributed to it.

BarelySentientAI

Claireliza83 said:

BarelySentientAI said:

EBDS wasn't a refund, it was a modification to the unit price charged by suppliers on some tariffs.  There is no refund sat waiting to give back to you.  The EBDS meant he could sign a 49p/kWh contract rather than a 51p/kWh contract.

Yes sorry, I meant the Energy Bill Relief Scheme (not the EBDS which replaced it) where they were supposed to backdate the discounts which would have been applied to bills from January 2023 which is what I calculated based on the information of how it would be calculated online. That's what I didn't see any of when prices were 70 something pence per kWh. He was just totally unwilling to be transparent about his bills and surely I had a right to see them seeing as though some of my usage contributed to it.

You couldn't possibly have calculated it without knowing the breakdown of the contract he signed and the date he signed it.  At best you have a guess.

What I said earlier still stands, as a commercial "re-purchaser" you have no recourse about anything really