Fuel Rights Handbook 20th editionChapter 13: You, your landlord and fuel3. Resale of fuel by a landlord Local authorities’ powers in England and Wales
Back to previous
Newer version available

There is a newer version of this publication available:
Fuel Rights Handbook 21st edition

Chapter illustrations ()
Loading image navigation...
No image index could be found for this publication.
Close this Panel
Local authorities’ powers in England and Wales
Local authorities have powers to help tenants whose landlords are endangering their gas or electricity supply through non-payment of charges. If you are seeking the help of the local authority in an emergency (eg, the supplier is threatening disconnection), tell the supplier – its code of practice may allow for a delay in disconnecting while the council investigates whether it can help, but the delay will only come into effect if the supplier knows that the council is involved.
Note: although the following section on local authorities’ powers has been written for landlords and tenants, it applies where any ‘occupier’ has been affected by the failure of an ‘owner’ to pay a bill. ‘Owner’ has a wide definition,1s19(8) Greater London Council (General Powers) Act 1972; s33(5) LG(MP)A 1976 and might cover the position where one of a number of flat-sharers is both tenant and the person responsible for paying the fuel bills.
Outside London
Local authorities outside London have the power to protect occupiers if the supply is threatened or cut off as a result of an owner’s failure to pay fuel charges.1s33 LG(MP)A 1976 Once a request is made in writing, the council can make arrangements with the supplier to reconnect the supply; such arrangements can include payment of arrears and disconnection or reconnection charges.
Having arranged reconnection, the council can recover expenses plus interest from the person who should have paid in the first place. If you have an arrangement where the owner, your landlord, pays the fuel bills, the local authority can also serve notice on you to pay your rent directly to it to set off against its expenses.
Within London
London boroughs have powers to protect you where an owner, usually a landlord, fails to pay a bill.1s19 Greater London Council (General Powers) Act 1972 as amended by s42 London Local Authorities Act 1990 They can make arrangements with suppliers, including paying the expenses of reconnecting the fuel supply. After reconnection, they have a duty, as long as they think it is necessary, to pay the supplier’s charges for future consumption.
However, the boroughs have no power to pay arrears – ie, for past consumption. This can be a stumbling block, as suppliers are under no obligation to reconnect the supply while money is owed. The supplier cannot chase you for the arrears because your landlord is the customer, not you. While such arrears are outstanding, a supplier may be reluctant to reconnect a supply.
You can get round this by getting the borough to recover the arrears. The borough has the power to take proceedings to recover money owing at the time fuel was reconnected,2s19(3)(b) Greater London Council (General Powers) Act 1972 and these proceedings can be taken against either you or the defaulting owner. If you pay your rent to the borough under these provisions, you are treated as meeting your obligation to pay rent to the owner. You cannot be required to pay more than the rent that you would otherwise be paying to your landlord.
Suppliers should be keen on this kind of arrangement and prepared to reconnect, as it means the borough does the supplier’s debt-collecting and, provided you pay your rent to the borough, payment is guaranteed. Boroughs can protect themselves by ‘registering a charge’3Registering a charge means to attach a charge to the title of the property at the Land Registry so that the owner cannot sell the property without paying off the charge. on the affected property to recover their expenses (including administrative costs). Local authorities usually appoint a particular officer – such as a tenancy relations officer – to deal with these matters. If they are reluctant to become involved, you can point out that they can put a charge on the property to cover their expenses and protect themselves. It is unlawful to have a blanket policy not to exercise these powers; they must consider each case individually. If you are told, ‘We don’t do that’, you can consider judicial review (see Chapter 14).