based on actual consumption and in line with other minimum requirements spelt out in the Regulations. Landlords may not therefore be able to recover 100 per cent of costs of supplying heating and / or hot water to their tenants if the lease documentation only allows them to recover costs on a percentage basis through a service charge. A tenant whose actual consumption of energy is less than provided for in the service charge could argue that by charging more the landlord is in breach of the Regulations. Conversely a tenant whose consumption is more is likely to argue that the reimbursement must be limited to the contractual obligation under the lease.
The billing requirement doesn't apply unless "it is technically possible and economically justified to do so" but that is taken to be the case automatically where the estimated reasonable costs of issuing the bills and information is £70 or less per customer per year.
There are other duties too, including various obligations in relation to installing meters, although these will only apply from the end of 2016.
Non-compliance with any of the main duties is an offence. However breaches before April 30, 2015, cannot be punished by criminal prosecution.