Are Utility Suppliers Allowed To Break Into A House ?

[notlynx]

SSE broke into a rented house and changed the meter to a prepayment meter, because they claim the previous tenant owed money. The current tenant's energy is supplied by another utility company. SSE claim that they have not been given a final meter reading, despite there being written evidence to the contrary. The owner of the property knew nothing until the current tenant notified her of what SSE had done!
SSE say that they are within their rights to do this --??

[gingejbee]

Yes, they can.....google "statutory right of entry"....

[fiction-factory]

I wonder how the transfer of supplier went ahead because normally the final reading and outstanding blll would have to have been agreed befor ethe transfer coudl be completed

[Buenchico]

The Rights of Entry (Gas and Electricity Boards) Act 1954 [as amended by the Gas Act 1986 and the Electricity Act 1989] gives gas and electricity suppliers the right to seek a warrant from a JP to enter a property if they're otherwise unable to enter it for a purpose connected with the supply of gas or electricity.

[New Judge]

Indeed. But the JP is supposed to be furnished with the circumstances before the warrant is granted. Telling him or her that the previous tenant has scarpered and that there is now a new tenant in place should prompt the JP to send the energy company away and come back with more information. Providing a warrant of entry is not exercised lightly and for a new tenant to find his home forcibly entered to deal with a debt he has not incurred needs some investigation.

It is puzzling how a new supply was arranged without the old one being officially terminated. Perhaps the current tenant could enlighten you.

[fiction-factory]

Are you the landlord/owner in this case, notlynx?

[Peter Pedant]

// Yes, they can.....google "statutory right of entry"....//

yes I would agree with that (ish)

I dont think they leave the door flapping in the breeze - or off its hinges....

BUT..... as a landlord myself, it doesnt sound as tho the changeover was efficiently done. And if the landlord knows D a debtor has fled, then he really should inform them ALL and say that he will pay for the void period ( but not before when D was in occupation) - otherwise the utility will 'estimate' and hey the estimate will be to limit their losses. This is obvious innit?

This is landlording 101 to be honest

and no the utility does NOT have to tell the landlord there is a dispute about utilities ( like he might pay to prevent it or prevent a break in)

so if the landlord has sat around and said o nothing to do with him ! then he has only himself to blame.

[My brother showed me where the utilities had had a carpenter take off wooden garage doors to gain access to meters - and commented that if they had contacted him he would have let them in ..... all paid for by the debtor by the way)

[Peter Pedant]

// Are you the landlord/owner in this case, notlynx?//
no pretty obviously not
and there are some relevant facts lacking ....

[Peter Pedant]

// It is puzzling how a new supply was arranged without the old one being officially terminated. Perhaps the current tenant could enlighten you.//

I dont think the landlord was told of the action in front of the JP - I suspect the supply was continued and no one told the utilities there were new tenants and they needed a new unrelated account .... durr - neither the landlord not the tenant. Both are now wiser

I had one tenant keep on the utilities in my name ( only once ) and then refuse to pay her leccy and gas !
and in exasperation I said "Good cut her off !"
and the little girlie at the leccy said O we cant - she has an ickle baby!
and I said - Good, you know it is not me then!

she was quite a gal - and went under in the sum £29 000 five years later, of which she only owed me £500. I thought I was lucky - ( yup child has just started skool)

[New Judge]

"I dont think the landlord was told of the action in front of the JP..."

The landlord would not have been in front of the JP, Peter. Only the tenant would (if he bothered to turn up to object to the warrant, which few, if any, do). As I'm sure you know better than I do, correspondence concerning the debt is made with the tenant (providing it is he who has the contract with the suppliers). The landlord probably knew nothing of the proceedings until his door was kicked in.

[notlynx]

To clarify, the outgoing tenant has not 'fled', but gave notice.
The meter readings were taken and also photographed in case of any error. The present tenants swiched supplier after moving in, over 3 months ago, so clearly SSE did in fact receive the final the final readings, despite their denials. The present tenants arrived home to find their home forcibly entered, a warrant lying on the stair and their meter removed and a prepayment meter installed. If you don't find that most disturbing, well frankly - you should!

[fiction-factory]

So SSE have changed the meter to a prepayment meter even though they are not the supplier? Why would they do that I wonder. What do they get out of that?

[notlynx]

That's correct, fiction factory! And also, the tenants will now be obliged to pay for their energy at a higher rate unless SSE admit that they have no right to do that!

[Canary42]

///so clearly SSE did in fact receive the final the final readings, despite their denials.///

Quite believable - I have had this argument with several suppliers after meter readers have called but the reading never gets back so I get the ubiquitous "estimated" bill - always highly inflated of course. I am currently in dispute with my previous supplier over just such an issue.

///So SSE have changed the meter to a prepayment meter even though they are not the supplier? ///

Metering is usually contracted to the "local" supplier, imagine for example if Scottish Power had to instal a meter in Penzance.

[New Judge]

"The present tenants arrived home to find their home forcibly entered, a warrant lying on the stair and their meter removed and a prepayment meter installed. If you don't find that most disturbing, well frankly - you should!"

I find the whole episode disturbing and I believe that somebody told porkies to the JP who signed the warrant. Leaving aside the fact that the previous occupant left "properly", with meter readings taken, etc., effectively a warrant was obtained to enter the premises when they were occupied by somebody other than the debtor. The debt accrues to the occupier who took out the contract, not to whoever happens to be occupying the premises currently.

When requesting a warrant the suppliers are obliged to tell the JP what the current status of the premises is (i.e. unoccupied, occupied by the debtor, occupied by somebody else, unknown, etc.). As I said earlier, I do not imagine a Justice would issue a warrant to force entry to premises occupied by somebody who is not the debtor. There is no justification for it.

[Peter Pedant]

// So SSE have changed the meter to a prepayment meter even though they are not the supplier?//

this could happen if there is a change of tenants who sign up with X co and the outstanding SSE bill from the old tenants is still flapping in the breeze and the old tenants have absconded

this might happen if no one told SSE that the debtors has FLED !

clearly time to start down the SSE complaint route

I keep a close control on this as o god dont the utility companies try to weasel payment out of the Landlord.....

(" Oh ! they have gone and you would like to pay their outstanding bill?" Me - no I would certainly would not and you cant make me if I havent signed....)