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commercial property prepaid sub-metering Vrs life safety services.

Does anybody know the rules on sub-metering via prepaid meters feeding commercial customers that have safety services installed. For example if I have a DNO supply coming into commercial building A but from building A it feeds into commercial building B. They are different landlords and building A wants to install a prepaid arrangement as bills are not being paid. Now if building B has a safety service in the form of for evac lifts or smoke vent etc what are the rules on installing a prepaid metering online system. Is it allowed, the system can be toped up online and a direct debiting system can be implemented so it is always topped up. I would presume so as like in a normal building if you don’t pay your bill you’ll get cut off.  

  • So long as the building B is closed down as well as building A when the supply goes off, but it seems a very silly arrangement - if building B is paying the bill, why do they not have their own meter and supplies ? I presume there is more to this than you have explained ?
  • Yes there is but this is a very old development to which the contractor installed it in this way to save money but due to its age the contractor no longer exists. 


    So from a compliance point of view i cant't see there is an issue with it, in the way of a normal building arrangment if you dont pay your imcoming electricity bill you get cut off. 

    Just for clarity Building A has the incoming energy providers meter this supply is then split to not only feed building A but then goes off to feed building B which in itself is a completely separate development with a different owner, and even through it has a sub-meter to which building A landlord try’s to invoice against its always in arrears.  

  • Yes - but if building B loses supply in effect without due warning, due to non payment by A, then there is a very interesting liability problem.  Are A not in effect under contract with B to supply ?
  • I'm afraid I wont be much help with definitive answers - your lawyer might be a good place to start.....I wonder what contractual agreements are in place between the two landlords - surely there must be something that'll surely include paying for their power? Access to essential services - what rights do building B have to enter Building As property and switch room to access the source of their electricity supply?


    ......but if building B was electrically separate from Building A (Which I assume it is- other than Building A being the source of supply?) and the fire alarm systems are separate? Other than perhaps a comms link or output from or to each panel? Then if the bills are not being paid - send an engineer down to the switch room and turn the power off at a time of low building occupancy - such as on a Sunday perhaps?


    Maybe the landlords will get the message. Or perhaps organise scheduled maintenance on the main switch gear without informing building B - there may be legal ramifications though. 


    I think the Lawyers are the place to start here.


    Edit - (I see Mapj1 beat me to it with the liability angle.............)


    Kind Regards

    Tatty
  • Former Community Member
    0 Former Community Member
    Are A not in effect under contract with B to supply ?


    I doubt their contact would be that well drawn up considering the consequences described. I'd seek legals to draft letter to B saying that due to repeated failure to pay on time, they have to make payments on time and failure to do so will result in disconnection, with a little add on to say B has 6 months to get their own supply installed, after which, the supply is disconnected, irrespective of history.


    As to loss of A's supply for failing to pay their own and B's, I can't see B having any recourse having brought it upon themselves.


    Regards


    BOD
  • Yes I understand there is a legal element to this with service agreements etc but building A pays the energy shipper who they’re in contract with and building B pays building A based on an arrears arrangement with building A letting them know what they owe, which appears not to be getting paid. If that makes sense.

  • What is the jurisdiction please?


    I agree with Perspicacious. In effect if owner B fails to pay (on time) he has breached the contract and A is no longer under any obligation to supply.


    As far as safety equipment is concerned, if A doesn't supply, then B can no longer safely occupy his building. Negligence is unlikely to apply.
  • Building A will always have an available supply, the only reason why building B would be cut off is failure to top up their prepaid meter.