Landlords responsible for meter charge?

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Dear Office of Gas and Electricity Markets,

With regards to legislation e.g. the Landlord and Tenant Act s11 whereby the landlord is required to keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and for sanitation.. etc.. or alternatively the Gas Safety (Installation and Use) Regulations 1998 which makes it mandatory that all gas appliances are adequately maintained by the Landlord.. As a gas meter would come under these headings then what guidelines/measures are provided by OFGEM to ensure that the tenants/residents are not incorrectly charged in their bills for the landlords liability to pay for the maintenance of the meter.

Yours faithfully,

B. Adams

FOI, Office of Gas and Electricity Markets

Dear Sir/Madam,

Thank you for your enquiry which we acknowledge as a Freedom of Information request, under reference FOI-233-2018.

I have forwarded your email to the relevant team and will respond as soon as I have the information, and within 20 working days.

Kind regards
Hayley Marsh

Hayley Marsh
Consumer Contacts and Information Rights
Communications
10 South Colonnade
Canary Wharf
London
E14 4PU
www.ofgem.gov.uk

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B. Adams left an annotation ()

Just to clarify, it is not just for the maintenance of the meter but also for the charge,( now permitted by yourselves), which can now be levied onto the customer and included in their bills, for having a meter. (instead of the landlord being liable) . As this meter is part of the landlords fixtures and fittings when taking up the tenancy, then along with the other issues described earlier, this would appear to further contradict primary legislation.

FOI, Office of Gas and Electricity Markets

Dear Sir/Madam,

 

Reference FOI-233-2018

 

Thank you for your email. With a view to answering your query and being as
helpful as possible, I have set out below Ofgem’s general observations.
However, please note that the information provided is not intended as any
form of legal advice or to be fully comprehensive.

 

According to Gas Safety (Installations and Use) Regulations 1998 36.2.a,
Landlords are responsible for the maintenance of any gas fitting. A Gas
fitting is defined as any ‘gas appliance or installation pipework’. The
meter is the responsibility of the energy supplier and this is outlined in
the [1]Code of Practice for Gas Meter Asset Managers.

 

We have set out a guide to tenant rights which is available [2]here.

 

If you are having difficulty with your landlord or letting agent
specifically or need advice about an energy matter, you may wish to
contact the Citizens Advice consumer service. They provide free,
confidential and impartial advice on consumer issues, including
information on what to do if you believe that your meter might be faulty
[3]here.

 

I hope that the information above helps, if you have any further questions
please do not hesitate to get back in touch.

 

Kind Regards

Hayley Marsh

 

Hayley Marsh

Consumer Contacts and Information Rights

Communications

10 South Colonnade

Canary Wharf

London

E14 4PU

www.ofgem.gov.uk

 

 

 

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Dear FOI,
There are no links to (2) "the guide to tenants rights" and also (3) as suggested in your response ..

Yours sincerely,

B. Adams

Dear FOI,
Further to the above and still with regard to Landlord and Tenant Act s11 whereby the landlord is "required to keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity", as the social landlord also claims that this meter is part of the fixtures and fittings, then this would be in line with the "L+T Act", however EON etc in their policy/terms claims that the meters are the customers responsibility and charge the tenants in their bills. As primary legislation would over-ride any regulations and guidance, please could you clarify who is responsible for this charge? Alternatively could you provide the legislation used by yourself which now permits the Energy Companies to charge the customer/tenant and which is capable of dismissing the "Act" mentioned above.

B. Adams

FOI, Office of Gas and Electricity Markets

Dear Mr Adams,

I am sorry that the links did not work in our previous response - I have copied our response below with the full links included.

Kind regards,

Anna Parrott
Information Rights Manager

Response with links:

Dear Sir/Madam,

Reference FOI-233-2018

Thank you for your email. With a view to answering your query and being as helpful as possible, I have set out below Ofgem’s general observations. However, please note that the information provided is not intended as any form of legal advice or to be fully comprehensive.

According to Gas Safety (Installations and Use) Regulations 1998 36.2.a, Landlords are responsible for the maintenance of any gas fitting. A Gas fitting is defined as any ‘gas appliance or installation pipework’. The meter is the responsibility of the energy supplier and this is outlined in the Code of Practice for Gas Meter Asset Managers - https://www.ofgem.gov.uk/ofgem-publicati...

We have set out a guide to tenant rights which is available here - https://www.theenergycompany.co.uk/wp-co...

If you are having difficulty with your landlord or letting agent specifically or need advice about an energy matter, you may wish to contact the Citizens Advice consumer service. They provide free, confidential and impartial advice on consumer issues, including information on what to do if you believe that your meter might be faulty here - https://www.citizensadvice.org.uk/consum...

I hope that the information above helps, if you have any further questions please do not hesitate to get back in touch.

Kind Regards

Hayley Marsh

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FOI, Office of Gas and Electricity Markets

Dear Mr Adams,

Thank you for additional enquiry, which we acknowledge as a Freedom of Information request under FOI-293-2018.

I have forwarded your email to the relevant team and will respond as soon as I have the information, and within 20 working days.
 
Kind regards,

Anna Parrott

Anna Parrott
Information Rights Manager
Communications
10 South Colonnade
Canary Wharf
London
E14 4PU
www.ofgem.gov.uk

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FOI, Office of Gas and Electricity Markets

Dear Mr Adams

Thank you for your email relating to landlord and tenant charges. With a view to answering your query and being as helpful as possible, I have set out below Ofgem’s general observations. However, please note that the information provided is not intended as any form of legal advice or to be fully comprehensive.

In addition to our previous correspondence (FOI-233-2018), the Landlord and Tenant Act S11 states that the property’s meters are the responsibility of the energy supplier. More information can be found in section 12 of the Gas Meter Operators Code of Practice here: https://www.ofgem.gov.uk/ofgem-publicati...

However, there are limited circumstances as outlined under the Gas Act and Electricity Act, namely schedule 2B of Gas Act 1986 and schedule 6 or schedule 7 of the Electricity Act 1989 where the supplier may not be responsible.

I must stress for completeness, that we are not making any comment on this particular case, nor do we have a statutory function or a role to investigate or take action in relation to individual consumer complaints. These should be made directly with your energy supplier.

In addition, providing new legal advice as to the interpretation of the Landlord and Tenant Act does not fall within our regulatory regime. If you would require further legal advice, I would suggest you contact Citizens Advice who can provide practical and impartial advice on how to resolve the issues that you are experiencing with your energy supplier or alternatively, an independent lawyer.

I hope the information above is of some assistance.

Kind regards,

Anna Parrott

Anna Parrott
Information Rights Manager
Communications
10 South Colonnade
Canary Wharf
London
E14 4PU
www.ofgem.gov.uk

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