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Who is responsible for removing a meter in my shed?

  • Thursday, 14 January 2010
  • Kathleen Retourne
  • 0 Comments

I informed my site owner of my intention to remove my old wooden shed. I did not want to replace it and asked him to remove his coin operated electric meter, which was attached to the frame of the shed to avoid any possible damage.
After 30 days had elapsed I was told the responsibility of returning, removing and relocating the meter was down to me. His solicitor said it was ‘a point of law’ and that the site owner was not liable and I would have to pay all charges related. They stated that the Mobile Homes Act and New Implied Terms do not mention an owner’s responsibility housing a meter.
The shed in question was a separate base approximately 3ft away from the mobile home therefore the cables come from the meter to the home.
Can you tell me where it states in writing that I am responsible for the housing and safety and the cost of this meter.
Also, our site owner has never produced an electricity bill or worked out each individual’s cost per unit. He also refuses to tell us the provider. There is no certificate to show electrical safety on the noticeboard.
Finally, I reported a water leak which has appeared to lead to a huge rise in water going through the meter.
The site owner’s wife suddenly saw a huge leak above the ground and the owner has attempted to ‘mend’ this. The water puddle had been visible for over a year. We have been told we still have to pay for this water. Who is actually responsible? Can we ask for a refund? Can we force the site owner to maintain the site? Nobody on the local council listens. Our bills are around £140 each, every six months, for 14 residents.

Graham advises
Reading your letter in total, it occurs to me that you may be living on a holiday home site. If this is the case, then your relationship with the owner is purely contractual and will depend totally upon the terms of that contract with certain exceptions in respect of him re-selling services to you.
As a rule of thumb, the electric cabling running from the electric meter to your home is your responsibility. The cabling running to the meter and the meter will be the owner's responsibility. Much will depend upon the wording of your agreement and in particular the site rules. For this reason, I cannot definitively say that any written word covers the situation you describe.
One important issue here is the reason for removing the shed. Is it that the local council have insisted it be removed as it presents a fire hazard? Is it a requirement made by the owner? Or are you simply removing it?
Judging by your opening sentence, you are voluntarily removing the shed. This being the case, you will be putting the owner to expense for your own reasons. Why do you not consider just leaving the shed in place to support the meter? You might then call in the local authority and get them to deal with the danger the  meter presents. If you follow this course of action, I strongly suggest you take photographs before the shed is demolished around the meter and afterwards. Indeed, you might firstly obtain a copy of the site licence to ascertain the view of the council to flammable wooden sheds existing in the separation zone. It could be you find that the owner is under an obligation to remove the timber sheds in any event and the re-location of your meter might then become a matter of negotiation if not his sole responsibility.
As your park owner is a ‘re-seller' of electricity and water, you are legally entitled to documentary evidence in support of the methodology of calculation i.e. copy invoices. In both the electricity and water supply, if the owner fails to provide this information, you are entitled to levy a penalty until the owner provides the information sought.
In the case of electricity, you must put a letter outlining your information request. Post it to him and obtain a Certificate of Posting from the Post Office. If the owner fails to provide information in a ‘timely fashion' you are entitled to make a reduction in the payments you make to the owner. To calculate the reduction, you simply double the bank's base rate at the date of your letter request. You then reduce subsequent payments for the electricity by that amount until he has satisfied your request for information. If the owner threatens to cut off  your electricity then you must either contact the local authority or police.
The water issue is difficult. If there is an obvious continuing leak then you should firstly report it direct to the re-seller i.e. the park owner. Again do it in writing and send it by post as set out above. If he/she fails to stop the leak, you might contact the local water authority and complain. It is my understanding they have a power to act to avoid water being wasted. Unless you do this, the owner will continue not repairing leaks, content in the knowledge that whatever happens he is still being paid for the water consumed (and wasted). There is no incentive for him in
this respect

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