Smart meter undercharged me – can provider again invoice? DEAN DUNHAM

My smart meter sent intermittent readings to my energy supplier, which now wants to send me a top-up bill for energy consumption dating back 18 months. 

It says I knew of the issue and should have informed them, so the back billing code does not apply. Is this right?

A. C., Chorley.

Glitch: A reader’s faulty smart meter meant they were undercharged on their energy bills for 18 months – so can their supplier send them a ‘catch-up’ bill?

Dean Dunham replies: If your gas or electricity supplier believes you have not been accurately billed for energy you’ve used, they may send you a back bill or ‘catch up’ bill.

The regulator, Ofgem, states that under the ‘back billing rules’, energy suppliers cannot back bill you for more than 12 months prior to unbilled use of energy.

This rule applies unless you caused the bill to be incorrect by concealing the true amount owed, stealing energy or carrying out some other dishonest act that causes your provider to ‘underbill’ you.

The problem you describe with your meter is a common one among the first edition of smart meters, know as Smets1, and energy providers are fully aware of the issue, which has been well documented in the media.

If you fall into this camp, I fail to see how your provider can dodge the back billing code. 

Even if your meter is not a Smets1, I am still of the opinion that you cannot be held responsible for your meter being faulty unless you purposely caused the fault and/or you actively concealed the fault from the energy provider.

Assuming you did not commit either of these, I would advise you to write to your energy provider and state that the back billing code clearly applies. It is, therefore, not lawful for it to charge you for any unbilled energy consumed more than 12 months ago.

If your provider continues to claim it can do this, ask for a deadlock letter — this is a letter setting out its final position in relation to your complaint — and file a complaint with the Energy Ombudsman. At this stage, your provider should stop chasing you pending the outcome of the ombudsman investigation.

Neighbour’s garden party takeover 

Our seaside terrace has a communal garden. Last weekend, one neighbour erected a gazebo and held a barbecue for at least 20 friends. 

It was a complete takeover and we couldn’t have sat out on the lawn if we’d wanted to. What are our rights?

V. T., Southsea

Dean Dunham replies: There will be rules in place in relation to the use of the communal garden, and these will set out what you can and cannot do.

If the properties are freehold, you will usually find rules outlined in the deeds of your property, or in separate legal agreements. 

If leasehold, you should look at your lease or tenancy agreement. Communal garden rules are typically focused on respecting the space and other residents.

Property owners will normally be responsible for enforcing these rules to maintain order and compliance with local and legal requirements. 

Sometimes enforcement falls to a managing agent, a tenants’ association or freeholder. So you will need to ascertain what the rules are, and who has enforcement responsibility.

Among the most common rules with the likes of communal gardens are a prohibition on smoking, making too much noise, BBQs, the drying of laundry and allowing pets to roam freely, off-lead.

You will also usually find obligations for the users of the communal gardens to keep it clean and tidy, and not to interrupt the quiet enjoyment of others.

It is likely that your neighbour breached several of your garden rules, giving you a legitimate cause to complain. However, it is never advisable to go in heavy-handed as you never want to fall out with them.

My advice is to take three steps. Firstly, find out what the rules are; secondly, politely remind your neighbour of them and express disappointment at them being broken and explain how it affected your enjoyment of the property and garden.

If you still feel such events will be a regular occurrence, ascertain who controls the rules and make a complaint to them. As always, it is wise to have evidence, such as photos showing the flouting of the rules.