Advice Needed - Utility Warrant

[Stoc1]

Hi All,
I have encountered a bit of an issue which I would like some advice on.

I am a landlord of several properties, one of which I have had to go through a lengthy legal process to recover from the tenants.

After over 18 months I finally managed get them evicted on the 31 October 2016.

Leading up to the 13 October 2016 a neighbour contacted me to explain that someone from the utilities provider had attended the property and posted something through the door, It was only at this point that I became aware of who the provider was, they explained to my neighbour that they were in the process of obtaining a warrant to enter the property.

After being made aware of this I immediately contacted the utility company to explain what the situation was and furnished them with all of the required information (scheduled eviction date, solicitors details who were dealing with the process, my contact details etc.) they explained that they would put a stay on the proceedings, contact my solicitor and beyond that I should contact them after I recovered the property.

However on the 2 November 2016 the utilities provider for both gas & electricity attended the property with "Rights of Entry Warrant" dated 31 October 2016 issued by the Manchester CC. They proceeded to enter the property by a locksmith picking the locks and changed the electricity meter to a prepayment key meter and have completely removed the gas meter and taken it away from the property.

My question is "Have they acted unlawfully"?

My limited understanding of this is that the property changed legal ownership on the 31 October 2016 from the evicted tenant to me at which point the warrant held by the utilities company becomes void so therefore they have no legal right to enter the property any longer.

Help would be greatly appreciated.

Thanks in advance

[45002]

Re: Advice Needed - Utility Warrant

Hi All,
I have encountered a bit of an issue which I would like some advice on.

I am a landlord of several properties, one of which I have had to go through a lengthy legal process to recover from the tenants.

After over 18 months I finally managed get them evicted on the 31 October 2016.

Leading up to the 31 October 2016 a neighbour contacted me to explain that someone from the utilities provider had attended the property and posted something through the door, It was only at this point that I became aware of who the provider was, they explained to my neighbour that they were in the process of obtaining a warrant to enter the property.

After being made aware of this I immediately contacted the utility company to explain what the situation was and furnished them with all of the required information (scheduled eviction date, solicitors details who were dealing with the process, my contact details etc.) they explained that they would put a stay on the proceedings, contact my solicitor and beyond that I should contact them after I recovered the property.

However on the 2 November 2016 the utilities provider for both gas & electricity attended the property with "Rights of Entry Warrant" dated 31 October 2016 issued by the Manchester CC. They proceeded to enter the property by a locksmith picking the locks and changed the electricity meter to a prepayment key meter and have completely removed the gas meter and taken it away from the property.

My question is "Have they acted unlawfully"?

My limited understanding of this is that the property changed legal ownership on the 31 October 2016 from the evicted tenant to me at which point the warrant held by the utilities company becomes void so therefore they have no legal right to enter the property any longer.

Help would be greatly appreciated.

Thanks in advance

They acted Lawfully, they had a warrant ....

The problem is how do the utilities company know you are the landlord and not the tenant telephoning trying to pull a fast one and stop PPM been fitted !

Suggest you send utilities company suppliers written evidence that the tenants when evicted lawfully via royal mail recorded delivery and see what happens...

[Stoc1]

Re: Advice Needed - Utility Warrant

1. Can you expand? On what basis have they acted lawfully?

2. I agree they wouldn't just take anyone's word for it but I gave them all of my details, solicitor's details that they had sufficient time to follow up on.
3. Already provided them with all of the details required,, they are currently in the process of reinstating the meters.

[45002]

They had a Warrant

1. Can you expand? On what basis have they acted lawfully?

2. I agree they wouldn't just take anyone's word for it but I gave them all of my details, solicitor's details that they had sufficient time to follow up on.
3. Already provided them with all of the details required,, they are currently in the process of reinstating the meters.

So if they are replacing the PPM then what's the problem ?

The debts, courts cost, lock smith so on, will be for the tenants to pay if they can trace them and not you the LL....

[Stoc1]

Re: Advice Needed - Utility Warrant

I don't have a problem with the PPM issue,, that has all been sorted,, and I already know that I wont be responsible for all of the costs. You are telling me stuff that I already know!!

Was it lawful,,, that is my question! You said yes,, I want to understand the legal argument behind what you have said.. If you don't know then I am happy to wait for someone who does.

I am of the opinion that my warrant supersedes theirs on the basis that their warrant is for the tenant and not me so on the basis that I have recovered the property by the time that they have attended I want to know if they were allowed to or if not because there was a new party (me) responsible for the property that their warrant is void. If it is then I am going to sue them!

I need someone who actually understands the law when it comes to warrants and utility companies. If that's not you then, respectfully, lets leave it at what you have said already.

Thanks

[wales01man]

Re: Advice Needed - Utility Warrant

See a Solicitor if you want expert legal advice

[Stoc1]

Re: Advice Needed - Utility Warrant

Anyone on "legalbeagles" able to offer clear advice please?

[charitynjw]

Re: Advice Needed - Utility Warrant

From the info given in post #1, I would say that they were acting illegally.

[Stoc1]

Re: Advice Needed - Utility Warrant

From the info given in post #1, I would say that they were acting illegally.

Even though there warrant is dated the same date as mine?

Does the fact that they were using a "Right of Entry Warrant" make a difference?


Really appreciate your help!!!

[charitynjw]

Re: Advice Needed - Utility Warrant

If what you have posted is accurate, I cannot see how their warrant was legitimate.
Utility company entry warrants are issued by JPs (Magistrates Court), not County Courts.
Rights of Entry (Gas & Electricity Boards) Act 1954

[Stoc1]

Re: Advice Needed - Utility Warrant

What I have posted Is accurate.

Do CC warrants have more power than JP warrants meaning that my warrant outdid theirs? So to speak

I don't really understand the legal jargon.

[Diana M]

Re: Advice Needed - Utility Warrant

I don't have a problem with the PPM issue,, that has all been sorted,, and I already know that I wont be responsible for all of the costs.

. . . I want to know if they were allowed to or if not because there was a new party (me) responsible for the property that their warrant is void. If it is then I am going to sue them!

Sue them on what basis?

You sue people for damages (money). You've already acknowledged that you won't be responsible for the costs.

So how will you quantify your claim?

Di

[charitynjw]

Re: Advice Needed - Utility Warrant

You posted

However on the 2 November 2016 the utilities provider for both gas & electricity attended the property with "Rights of Entry Warrant" dated 31 October 2016 issued by the Manchester CC

AfaIk, County Courts do not issue utility company entry warrants.

[Diana M]

Re: Advice Needed - Utility Warrant

Do CC warrants have more power than JP warrants meaning that my warrant outdid theirs? .

Perhaps this was simply a case of bad timing and nothing more.

From what you say you got an Eviction Warrant from the County Court to enable bailiffs to evict your tenants following successful possession proceedings.

Meanwhile the utility company got a Entry Warrant from the Magistrates Court to enable them to switch the meters.

Both warrants were granted on the same day. Possibly a co-incidence not a conspiracy or unlawful act.

How would the Magistrates Court have known if the eviction had gone ahead successfully? Eviction Warrants get suspended at the eleventh hour so that would mean the tenants would remain in occupation (it happens a lot).

Unless I've misunderstood your issue

In order to sue you need to have suffered a loss. Have you?

Di

[Stoc1]

Re: Advice Needed - Utility Warrant

Perhaps this was simply a case of bad timing and nothing more.

From what you say you got an Eviction Warrant from the County Court to enable bailiffs to evict your tenants following successful possession proceedings.

Meanwhile the utility company got a Entry Warrant from the Magistrates Court to enable them to switch the meters.

Both warrants were granted on the same day. Possibly a co-incidence not a conspiracy or unlawful act.

How would the Magistrates Court have known if the eviction had gone ahead successfully? Eviction Warrants get suspended at the eleventh hour so that would mean the tenants would remain in occupation (it happens a lot).

Unless I've misunderstood your issue

In order to sue you need to have suffered a loss. Have you?

Di

Hi Di,
Firstly,, Thanks for replying
You've understood the situation correctly.

My grievance is born out of the fact that this shouldn't have ever happened.

I know that "sh@t happens" as they say but I have taken all of the correct steps to prevent it.
I spoke with the utility's company on the 13th of October though and provided them with more than enough info for them to stop the process at which point I was told that it was going to stop.

They have admitted that they neglected to act on that information!

But if we forget about all of that for a moment,, I am just trying to establish if the timing of events and the legalities of the property changing legal ownership means that they have acted unlawfully.

1.Warrants granted on the same day

2.Me takinging possession on the 31st (changing the locks) on the property, legal ownership transferring to me. Utilities warrant will have been for the tenant surely,, as I am at this stage the new legal owner their warrant is invalid?? Is the warrant property specific??

3.Utliliys company coming after my repossession. 2/11/16

Thanks