Landlords could become jointly and severally liable for energy charges if neither they nor their tenant supplies the required tenancy information, but that government plan is not a new liability in force today (Ofgem consultation, paragraph 3.33). Separately, Ofgem is consulting on guidance for switching existing smart meters to prepayment during home moves, with proposed checks and protections (consultation page).
As of 9 November 2026, the consultation is open until 9 December 2026. This concerns Great Britain's energy market: England, Wales and Scotland, not Northern Ireland. The joint government and Ofgem strategy confirms that scope.
What does the Ofgem moving home consultation propose?
It proposes supplier guidance intended to prevent debt accumulating on unnamed occupier accounts when homes change hands. Ofgem published Proposed moving home process guidance on 28 October 2026, following its 9 December 2025 call for input, which closed on 21 January 2026.
When someone moves in without agreeing a contract, a deemed contract provides the basis for supply. The proposed process applies where the outgoing customer tells the supplier they are leaving and no incoming customer has made contact. The supplier could remotely change an existing working smart meter to smart pay as you go, also called smart PAYG or SPAYG.
This is draft guidance applying existing supply licence conditions, not a requirement that every supplier adopt this process. Suppliers could retain other compliant arrangements (draft guidance, paragraphs 1.1 to 1.6). It is also distinct from the involuntary prepayment process triggered by debt recovery.
Would the plan make a landlord liable for tenant energy bills?
The government's intended legislation would create conditional liability where necessary occupancy information has not been supplied. It is the government's plan, not a landlord duty Ofgem can impose through this consultation.
The energy debt circuit breaker strategy, published on 28 October 2026, says government will seek primary powers when parliamentary time allows. Landlords would have to give timely, accurate information when tenants move in or out. Where neither party provides it, landlords may become liable; operational details need further engagement.
Ofgem's consultation is more specific. Paragraph 3.33 describes non-resident owners, meaning landlords, becoming jointly and severally liable unless exempt. That means potential responsibility for the whole relevant charge, rather than an assumed half-share. The strategy uses the broader phrase "may become liable"; the detailed liability formulation comes from Ofgem's account of the government plan.
The sources checked on 9 November do not set an implementation date or final exemptions. We have not identified an introduced Bill containing this notification duty. Do not treat the announcement as transferring every tenant's existing unpaid bill to their landlord. Deposit deductions remain a separate question, covered in our tenancy deposit deductions guide.
Why is Ofgem asking landlords to help if it cannot require notification?
Because landlords often know when a tenancy ends and when the next occupier is due, while Ofgem regulates suppliers and says it lacks powers to compel landlords to report tenancy changes. Consultation paragraphs 3.24, 3.26 and 3.29 distinguish those limits from supplier licence obligations.
Paragraphs 3.30 and 3.31 propose supplier engagement with landlords and agents, including information they can share with tenants about opening accounts and getting support. For a small portfolio, agree who handles each notification and keeps the acknowledgement. If you use an agent, include that responsibility in your service discussion; our letting-agent fees guide covers the wider service choice.
Could a smart meter switch to prepayment in an empty property?
Yes, under the proposed process, provided the relevant conditions and suitability checks are met. Draft paragraph 1.6 specifies a working SMETS1 or SMETS2 installation, dual fuel or electricity-only with no gas supply, an outgoing customer's notification, and no contact from a new customer.
Before switching, suppliers should assess whether prepayment is safe and reasonably practicable. Paragraphs 1.7 to 1.15 cover meter accessibility and available information about vulnerability, including supported living. If the occupier could not reasonably reach the meter, paragraph 1.10 says it should not be switched to SPAYG.
Communications should explain the supplier, payment method, top-ups, next steps, timelines and support routes, under paragraphs 1.16 to 1.20. Once a customer engages, suppliers should discuss suitable tariffs and payment options; vulnerable customers ineligible for prepayment should be moved off SPAYG under paragraphs 1.28 and 1.29.
Does the proposed two-week grace period start when the next tenant arrives?
No. It starts on the outgoing customer's move-out date, immediately after the switch, under draft paragraphs 1.21 to 1.27.
Ofgem proposes two weeks, which suppliers could extend, to protect against disconnection while an account is arranged. Suppliers could use preloaded credit or longer non-disconnection hours. This is not a promise of free energy: the draft envisages repayment, taking ability to pay into account. Consultation question 7 expressly asks how the period should be financed.
Paragraph 1.23 acknowledges that after a long vacancy the meter may have no credit when the next customer arrives. Existing emergency and friendly-credit protections continue; Ofgem also proposes customer-outcome monitoring and activity reports every three months in the first year (consultation paragraphs 3.6 to 3.10; draft paragraphs 1.30 to 1.38). A grace period is therefore no substitute for arranging the void account.
Who pays energy bills between tenancies?
Normally the landlord should arrange and pay for supply during the genuine empty period. Existing law already provides for an electricity deemed contract with the owner where premises are unoccupied (Electricity Act 1989, Schedule 6, paragraph 3). Gas has its own deemed-contract provisions in Gas Act 1986, Schedule 2B, paragraph 8.
Confirm the dates and arrangement with the supplier. An early physical departure does not by itself settle when a tenant's contractual responsibility ends. Where prepayment applies, ask who can top up during the void and how supply will be maintained for viewings, cleaning and repairs.
If credit runs out, a top-up may need a local action at the meter before energy flows again (draft paragraph 1.11). Give the person attending lawful access to it. Record the costs against that property; our buy-to-let cashflow calculator can help with wider holding-cost planning.
What would the proposed process look like across a three-week void?
A three-week vacancy could outlast the proposed two-week protection. This is an illustrative sequence, not a live implementation timetable, assuming a suitable working smart meter and a supplier using the draft process:
| Point in the example | What the draft would mean |
|---|---|
| Before departure | The outgoing customer supplies a move-out date. No incoming customer has contacted the supplier. Suitability checks and communications are needed. |
| Move-out and switch | The supplier switches to SPAYG on move-out. The proposed grace period begins. |
| Two weeks later | The proposed minimum period has elapsed. Whether supply continues depends on credit, any extension and applicable protections. |
| New tenant arrives after three weeks | The tenant cannot assume a fresh two weeks begins. They should contact the supplier and establish a suitable account. |
The practical intervention is to contact the supplier at the start of the void, agree responsibility and payment, then record the next handover. Future notification legislation could add liability for missing information; the consultation does not establish when that future liability would begin or how it would be calculated.
Is this the same as landlords' water-bill liability in Wales?
It is a comparison, not confirmation that identical energy rules will follow. Consultation paragraph 3.34 refers to similar landlord obligations for water bills in Wales.
Section 144C of the Water Industry Act 1991 provides for joint and several owner liability when the required occupier information is not supplied. The 2014 Welsh regulations, effective from 1 January 2015, apply to services from undertakers whose areas are wholly or mainly in Wales. Under regulation 5, the owner has 21 days from the date a new occupier begins to occupy the premises to give the undertaker the required information. That water deadline is not a proposed energy deadline.
What should landlords put in the move-in pack and consultation response?
Give tenants the supplier's details, meter location, dated opening readings and a clear prompt to contact the supplier promptly. Where relevant, include top-up instructions and a route for reporting accessibility or support needs. Keep your check-out readings, tenancy dates and supplier acknowledgements together, using the wider handover steps in our letting your home when you move guide.
Padlord lets you store documents against each property. Treat accurate handover records as useful now, while waiting for any final notification duty.
Landlords are explicitly invited to respond by email to debtstrategy@ofgem.gov.uk by 9 December 2026. Useful evidence includes long voids, inaccessible meters, agent handovers and how suppliers acknowledge notifications. Address question 4 on landlords, question 6 on the grace period and questions 9 and 10 on notification and recovery costs. Explain actual experience, without sending unnecessary tenant personal information.
General information as at 9 November 2026, not financial or legal advice.
