Prohibitions on exercising a warrant

• Disconnection of smart meters without a warrant
• Powers of entry simply in respect of the debt
• Restrictions on disconnection

Suppliers are prohibited from exercising a warrant and levying prepayment meter warrant charges for the most vulnerable customers. A warrant should not be exercised and a prepayment meter installed where it would be severely traumatic to a customer due to an existing vulnerability which relates to their mental capacity and/or psychological state and it would be made significantly worse by the experience.1Condition 28.10 SLC

Suppliers must also apply the ‘proportionality principle’ when exercising a warrant. This is that the warrant action and costs are proportionate to the amount of the outstanding charges.2Condition 28.15 SLC In addition to a general prohibition on exercising a warrant, suppliers are prohibited from charging you in respect of any costs associated with issuing a warrant where you have:

•a vulnerability which has significantly impaired your ability to engage with the supplier or an agent about the recovery of a debt;3Condition 28.11(1) SLC or
•severe financial vulnerability which would be made worse by charging you any costs associated with a warrant.4Condition 28.11(2) SLC

Historically, suppliers have charged warrant costs back to affected customers, which has placed customers in further debt. However, the total amount of charges that a supplier can recover for installing prepayment meters under warrant for customers in debt is now capped at £150.5Condition 28.12 SLC It is likely that these changes will protect the most vulnerable from experiencing unnecessary and avoidable hardship and force suppliers to only use prepayment meters as a last resort.

If you have entered into a breathing space standard debt respite scheme (valid for up to 60 days) or a mental health debt respite scheme (valid for the duration of the mental health crisis treatment and another 30 days after that), suppliers are prohibited from exercising a warrant during the moratorium.6DRS Regs

 

1     Condition 28.10 SLC »

2     Condition 28.15 SLC »

3     Condition 28.11(1) SLC »

4     Condition 28.11(2) SLC »

5     Condition 28.12 SLC »

6     DRS Regs »

Disconnection of smart meters without a warrant

Suppliers are bound by the same rules applicable to those on non-smart meters about disconnection of supply. However, as they have remote access to your meter, and do not have to gain physical access to your property to switch off the supply, they do not have to apply for an entry warrant.

Powers of entry simply in respect of the debt

A supplier (or an enforcement officer acting on its behalf) authorised to collect a fuel debt (alone or with any other civil debt) does not have the power to force entry to a domestic dwelling. The protection covers the outer door which serves as the private entrance of your home. The protection remains in force whether the debt is being enforced through either the county court or the High Court.1Semayne’s Case (1603) 5 Co Litt 91a; Sch 12 Part 2 Tribunals, Courts and Enforcement Act 2007

 

1     Semayne’s Case (1603) 5 Co Litt 91a; Sch 12 Part 2 Tribunals, Courts and Enforcement Act 2007 »

Restrictions on disconnection

SLC 27 provides that a supplier should not disconnect in winter (see here) and that disconnection should be a last resort. When contacting the supplier or its agent, mention these restrictions, and at court where appropriate.