Landmark First-tier Tribunal Appeal on Utilities Charges
Neutral Citation Number: [2024] UKUT 294 (LC)
Case No: LC-2024-184, 188, 204 and 205
23rd September 2024
This landmark appeal victory for park home residents across the country concerns the potential payment of administration charges to 3rd party suppliers in respect of smart meter electric readings. This vital case, which was partly funded by IPHAS, made it quite clear that:-
1] If there was no relevant clause in the Implied Terms, then the park owners could not ‘recover’ these charges if the work was carried out by a 3rd party contractor or by the owner himself. Residents need to check their Written Statements to ensure that such a provision is not included.
2] Third party operators are employed by the site owners, so any charges are their responsibility and not those of the residents on a particular park.
Park home residents should now be checking their Written Statements to ensure that they are not paying these erroneous charges, and if they are, the park owner should be asked to explain where in the Implied or Express Terms it states that these charges are applicable. It might be advisable for residents to work together on this matter. Strength in numbers!
Residents should be careful not to cancel any payments unless they are certain that they have been overcharged. IPHAS always recommends that you don’t make any utility payments by direct debit.
Finally, please keep copies of any correspondence that you send to the park owner.