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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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For Jo C Apparently a utility company has entered an apartment

Customer Question

For Jo C

Apparently a utility company has entered an apartment block my company owns, entered one of the flats, removed the meter and changed the locks. As the meter was in a cupboard outside the apartment, entry was not necessary, but apart from that, what powers to they have to enter through a locked communal door and then change the locks on the property? I have had no notification from the utility company, and in any event they could have obtained the address of the registered office
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

Are you asking if what they have done is legal please?
Customer: replied 3 years ago.
Yes,

Or what would have been best practice as to contacting me, before changing locks to a property.

I am assuming they would have needed a court order to enter?

Regards
Expert:  Jo C. replied 3 years ago.
Just to let you know I have opted out for others as this is not my area.
Expert:  Ash replied 3 years ago.
Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.

Did they have a warrant from the Court please?
Customer: replied 3 years ago.
Hi Alex,

The locks have enchanted,so I can't enter. There have been no notices attached to the door, and there has been no warrant served on me, nor any notification to me of their intention..

Regards
Expert:  Ash replied 3 years ago.
Regardless of whether anything was served upon you, do you know if they had a warrant granted by the Court please?
Customer: replied 3 years ago.

Sorry, but I have no idea. I have had no notification at all from anyone, Court or Utilities Company.


 


Is there somewhere that I can check?


 


Regards,

Expert:  Ash replied 3 years ago.
You need to check with the Utility Company. If there is a warrant granted by the court then there is nothing you can do as it was quite proper.

I would be very surprised if they gained entry without a warrant. Warrants are obtained at Court on mass. Generally they have to show that there was a letter sent. Then you usually get a summons to attend Court and if no one turns up the warrant is granted.

You may be able contest on this basis, but in any event the Court would need to be satisfied that the letter before warrant had been served, the representative from the company normally has a copy to hand to the Court.

But check with the Court serving the area or the Utility Company.

That is the first step.

Can I clarify anything for you about this today please?

Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 4 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you.


 


It appears that there is a Code of Good Practice:


 


https://www.ofgem.gov.uk/ofgem-publications/57423/review-vulnerable-customer-disconnections-report.pdf


 


That may help other viewers of your post?


 


Also, would a Statutory Declaration help in my case having never been notified of the Warrant? "After the meter had been fitted, under protest and duress on my part, the following day I went to my local solicitor and swore a Statutory Declaration to the effect that I had been denied justice by not being informed of the application, and that it should therefore be set aside and the applicants be required to return matters to the way they were, at their own cost. I then sent this, recorded delivery post to the magistrates court."


 


Regards,

Expert:  Ash replied 3 years ago.
It has been granted, you need to apply to set it aside. Statutory declaration is mainly used for criminal offences, but you could use that as well.

You should have been notified of the pending application, got a summons etc.

So yes, it may help.

Can I clarify anything else for you please?

Alex

Customer: replied 3 years ago.

I would like to ask a second question regarding one you answered earlier Alex ...?


 


http://www.justanswer.co.uk/law/8hjy3-jo-c-apparently-utility-company-entered-apartment.html

Expert:  Ash replied 3 years ago.
Yes might I invite you to list a new question but you can put it for my attention.

Alex