Government will bring in a law to force landlords to split £400 energy rebate

Government will bring in a law to force landlords to split £400 energy rebate

8:01 AM, 14th October 2022, About 2 years ago 38

Text Size

The government has updated its guidance on how the Energy Bills Support Scheme will hand £400 to tenants who have an all-inclusive rent agreement.

They also reveal that legislation will be brought forward to make landlords pass on the energy bill savings.

The Energy Price Guarantee started on 1 October to help reduce the unit cost of gas and electricity so a typical household will pay, on average, around £2,500 on their energy bill a year – for the next two years.

However, the savings per property will be based on usage and the average household will save around £1,000 per year.

When the scheme was announced, various charities and housing organisations, including Shelter, demanded that the government make landlords hand over the money to their tenants.

Actual savings and bills could be lower or higher

The government makes clear that the actual savings and bills could be lower or higher depending on usage, as well as the size of the home, how it is insulated, how much energy is being used and how many people are living there.

The scheme sees £400 being paid in six monthly instalments directly to the energy supplier.

In addition, the most vulnerable households will receive £1,200 of support if they receive certain benefits.

Now, the new guidance makes clear how the £400 discount will be applied for those without direct domestic electricity connection and those living in park homes.

Tenants who pay for their energy as part of their rent

This is what the updated guidance says about tenants who pay for their energy as part of their rent:

Your landlord will benefit from the Energy Price Guarantee if they have a domestic electricity and/or gas contract with a licensed electricity and/or gas supplier and should reflect this in the price they charge you from 1 October.

Similarly, they will receive the Energy Bills Support Scheme and should pass it on to you. We will act now to introduce legislation to ensure this happens.

Your landlord should pass on the discount irrespective of how you pay for your energy use.

If they charge you based on your usage, they must do this at the same price as they pay, including the Energy Price Guarantee (see Ofgem’s guidance on ensuring customers are being charged no more than they should).

If, on the other hand, you pay an ‘all-inclusive’ rent incorporating a fixed charge for energy use, your landlord should pass the Energy Price Guarantee and Energy Bills Support Scheme benefits to you if provided for in your tenancy agreement.

If your landlord has a non-domestic contract, they will benefit from the Energy Bill Relief Scheme and should pass the savings on to you.

In addition to making the rules for landlords and letting agents clearer, there was some confusion when the scheme was unveiled as to whether the government would bring in legislation to enforce the rules – and now the updated guidance makes clear that a law will be introduced to compel landlords with all-inclusive tenancies to pass on the scheme’s savings.


Share This Article


Comments

Dennis Leverett

16:23 PM, 14th October 2022, About 2 years ago

Reply to the comment left by The Forever Tenant at 14/10/2022 - 14:52
So, who pays for the massive increase in costs of utilities? Why should it be the Landlord who's not actually using it?

The Forever Tenant

18:10 PM, 14th October 2022, About 2 years ago

Reply to the comment left by Dennis Leverett at 14/10/2022 - 16:23
Well, the tenant does.

You would have to assume that any increase would be added into the inclusive rent accordingly, so it should be the case that any rebate should go back to the tenant.

Freda Blogs

19:15 PM, 14th October 2022, About 2 years ago

Reply to the comment left by The Forever Tenant at 14/10/2022 - 18:10Not if you can't raise the rent.
In our HMOs we have put the rent up a little, but we cant keep doing so, and the rebate doesn't come close to covering the costs of utility price rises (alongside insurance, materials, tradesmen etc prices- plus mortgage interest rises which have been discussed elsewhere on the forum.).
Landlords cannot keep absorbing the full financial hit of the cost-of-living increases, as seems to be the expectation by government and in the press.
To me it is a nonsense for this rebate to go to tenants.

Carol

19:26 PM, 14th October 2022, About 2 years ago

Reply to the comment left by The Forever Tenant at 14/10/2022 - 18:10
Your assumption is wrong. There have been massive increases in utility costs this year. Where there is an all inclusive rent in an HMO, a proportion of the rent contributes to the cost of the bills. In the past, landlords have been able to fix the utility rates for a period, so based on past usage it has been possible to work out the share for each room. Since earlier this year very few suppliers have offered fixed rates and have charged up to the max. The landlord, who pays the bills, have no choice but to pay the amount. It is almost impossible to switch to a better price. Only an annual increase in the rent is permitted, so the landlord is often paying out more than planned with usage out of his/her control. Therefore most tenants in HMO's are paying less than they should be and seem to be oblivious to the massive increase in costs that the landlord is paying. Hence there has to be a big increase in rent at the review, just for the landlord to survive.

John Frith

21:46 PM, 14th October 2022, About 2 years ago

Although I don't like it, I can see the logic. As landlords we are considered businesses, so the rebate is not intended for us.
Passing the rebate to the tenant in our case sounds like a cross between it being logistically difficult to implement a software update to cancel the rebate for landlords, and a tacit recognition that the money is,actually intended to buy votes.
So will we get the business rebate. Oh, what a shame, us landlords are "investors", not businessmen, so don't hold your breath!

NewYorkie

23:40 PM, 14th October 2022, About 2 years ago

Reply to the comment left by John Frith at 14/10/2022 - 21:46
If we were all businesses, we could claim business finance against tax. We're not, and we can't!

Anne Nixon

9:07 AM, 15th October 2022, About 2 years ago

Reply to the comment left by The Forever Tenant at 14/10/2022 - 14:52
If however one assumes for the sake of argument that the of the £400 monthly rent the tenant paid £40 was to cover gas and electricity but that gas and electricity now costs £80 and the tenant is still paying £400 rent why should he get any rebate?

The Forever Tenant

14:19 PM, 15th October 2022, About 2 years ago

You could look at it that the tenant is now paying £80 towards the utilities, and that the remaining £320 is what you are receiving to cover everything else.

It's a common situation amongst businesses in every other sector that the ratio of particular costs to that business will change over time. Where you may pay a small percentage one year, you may pay a higher percentage the next year.

Anne Nixon

16:30 PM, 15th October 2022, About 2 years ago

Reply to the comment left by The Forever Tenant at 15/10/2022 - 14:19Not sure I follow your logic.
Everything else has gone up as well, maintenance, council tax, water, everything.
If the tenant is now contributing £80 towards gas and electric where does the £40 cut in expenses elsewhere come in?

reader

16:41 PM, 15th October 2022, About 2 years ago

When trying to be fair and dealing with the ratio of the split there are several other factors to take into account.
1. Who pays for the gas and or electric and what is the cost split. As it seems all energy rebates are applied solely to the electricity element.
2. How long does the tenant reside at the property as the rebate could be designed to cover a two year period but all paid now upfront. Should the rebate be paid to the tenant at the end of their tenancy or at the end of the two year period?
3. If there are 5 letting units and communal space heating surely the tenant only obtains 1/6th of the rebate?
4. Should the rebate be split on a ratio of the tenants own accommodation compared with the total accommodation in the building. (figures that may be shown in the EPC)

Leave Comments

In order to post comments you will need to Sign In or Sign Up for a FREE Membership

or

Don't have an account? Sign Up

Landlord Tax Planning Book Now