Do Cadent Gas have a right to enter my flat to check pipes, in a non-emergency?

dmncf said:

I live in a block of flats. Cadent Gas has put up a notice on the ground floor saying "For your information Cadent Gas will be carrying out essential safety checks on your gas pipework. Even if you don't use gas, we will still need access into your property to check pipes". The notice asks residents to telephone them to make an appointment.

My perspective is that I don't have anything to gain from letting Cadent Gas into my house. The gas pipe enters my flat through the kitchen wall from an external walkway, and the gas meter and gas boiler are on the opposite side of that wall - I have less than 1m of gas pipe in my flat and I have no concerns about its condition. I don't want them poking around my gas boiler and criticising that there's an electrical socket dangling from a wire next to it, because I'm in the middle of replastering the kitchen. I don't want to stay in waiting for their visit.

Do Cadent Gas have a right to enter my flat to check pipes, in a non-emergency, or can I politely not let Cadent Gas into my flat?

Click to expand...

Inspection, testing, disconnection etc.​

5. Any officer authorised by the relevant authority may, on production of some duly authenticated document showing his authority—

(a)enter any premises in which there is a service pipe connected with a gas main for the purpose of inspecting any gas fitting on the premises, any flue or means of ventilation used in connection with any such gas fitting, or any part of the gas system on the premises, that is to say, any service pipe or other apparatus (not being a gas fitting) which is on the premises and is used for the conveyance or supply of gas or is connected with a gas main; and

(b)where he so enters any such premises, examine or apply any test to any such object as is mentioned in paragraph (a) and (where the object is a gas fitting) verify what supply of air is available for it; and

(c)where in his opinion it is necessary to do so for the purpose of averting danger to life or property, and notwithstanding any contract previously existing, disconnect and seal off any gas fitting or any part of the gas system on the premises or disconnect the premises or, if the premises are not connected, signify the refusal of the relevant authority to convey gas or, as the case may be, allow gas to be conveyed to the premises.

Click to expand...

GusB said:

I have to admit I've never heard of Cadent, but after a quick search it would seem that they're a successor organisation to Transco, in which case they own the infrastructure and have a legal responsibility to ensure it's safe.

Click to expand...

dmncf said:

My perspective is that I don't have anything to gain from letting Cadent Gas into my house.

Click to expand...

dmncf said:

I have no concerns about its condition.

Click to expand...

dmncf said:

Thanks all for your advice, including posting the relevant regulations and mentioning that the terms of my lease could be relevant too.

My lack of interest in having Cadent inspect the pipes is because my relative who is Gas Safe registered has looked at the pipes while helping me with the (very slowly) ongoing replastering and redecorating.

Based on the advice, my wife and I decided not to arrange an appointment, but to allow Cadent to enter if they came anyway. My wife bumped into their engineer in the stairwell this morning! She says he visited briefly and only inspected the gas meter - there is almost no length of gas pipe in our flat prior to the gas meter.

It's interesting that no posters describe first-hand experience of this type of visit. I guess this reflects that most people don't live in a flat. I also think this reflects that this type of visit is quite infrequent. I don't remember the gas company visiting previously during the 13 years we have lived in the flat, although my wife thinks they may have visited once previously.

Thanks again for the advice.

Click to expand...

dmncf said:

It's interesting that no posters describe first-hand experience of this type of visit. I guess this reflects that most people don't live in a flat.

Click to expand...

dmncf said:

It's interesting that no posters describe first-hand experience of this type of visit. I guess this reflects that most people don't live in a flat. I also think this reflects that this type of visit is quite infrequent. I don't remember the gas company visiting previously during the 13 years we have lived in the flat, although my wife thinks they may have visited once previously.

Click to expand...

Baxenden Bank said:

You would be surprised who has the legal right to enter your property, often with, sometimes without, prior notice.

Click to expand...

Mcr Warrior said:

Interesting! What are the main reasons?

Presumably we're not talking about the likes of bailiffs here?!

Click to expand...

Mcr Warrior said:

Interesting! What are the main reasons?

Presumably we're not talking about the likes of bailiffs here?!

Click to expand...

Privacy in your own home​

Who can enter your home?​

Law enforcement and other officials have the right to enter your home in certain circumstances. However, few are allowed to execute a forced entry to someone’s property. Any official seeking entry must have a legitimate reason for entry, produce evidence of identity and leave your property secure after forcible entry.

In most cases, officials must give you notice that they will visit at a reasonable hour.

The police​

The police can enter your home (by force if required) if they have a search warrant. A warrant is a court document authorising the police, or other law enforcement officials, to carry out certain actions, such as the search of a property, seizure of documents or items, or to take samples. If they have no warrant and ask for your permission to enter your property, such permission must be given in writing for the search to be lawful.

Police can force entry to your home without a warrant if a serious or dangerous incident has taken place. They can also enter your property if they have just arrested you, for the purposes of searching evidence.

The fire service​

The fire service can force entry into a property where there is (or where they believe to be) a fire. Firefighters can also enter neighbouring premises. Where access is refused, the fire service must summon the police to assist in a forced entry.

Local authority housing officers​

Local authority housing officers can enter for various reasons, such as to enforce a compulsory purchase order, enforce notices to repair or demolish, or to inspect housing conditions. Housing officers need written authority and must give 24 hours’ notice. It is a criminal offence to get in their way.

Private landlords​

Private landlords cannot usually enter a rented property without prior agreement with the tenant, except in an emergency.

Gas and electricity companies​

Gas and electricity companies can enter your premises with your consent. Otherwise, they can enter with a warrant; for example, to disconnect your supply because of non-payment of bills or to fit a prepayment meter.

Water companies​

Water companies can enter your house with your permission, or with a warrant for the purposes of exercising its powers, or to decide how to exercise its powers – for instance, to inspect water meters, investigate illegal use of water or in the case of emergencies.

Planning officers​

A planning officer has the right, without warrant, to enter the land at a reasonable hour to see if there has been a breach of planning control if there are reasonable grounds. It is a criminal offence to obstruct their entry.

Rating officers​

Rating officers can enter your house to inspect it, but only after giving at least 72 hours’ notice. It is a criminal offence to obstruct their entry. Most inspections are, however, carried out with the owner’s consent.

Tax/HMRC officers​

Under their civil powers, tax officers or inspectors from HMRC can get a warrant to enter a property for the purposes of an inspection if fraud is suspected. However, they cannot force entry into your premises without a court order. Using their criminal powers, HMRC officials can enter premises without a warrant to investigate suspected VAT offences, and similar. They can enter by force, seize documents and search individuals and make arrests. Their criminal powers are greater than their civil powers.

TV licensing officers​

Television licensing officers can only enter your premises if they have a search warrant. If you have no television it may be in your interests to let them see for themselves, but they may make repeated visits to re-check.

Bailiffs​

Bailiffs are under restrictions as to when they can act. They cannot gain entry by force except to collect unpaid criminal fines, income tax or stamp duty – but this must be a last resort. Bailiffs cannot enter your home between the hours of 9pm and 6am. They cannot enter your home if there are only children under 16 (or other vulnerable individuals) present.

However, where they are allowed to enter, they must only use peaceable means. In practice, this means they can gain entry through something like an open door or window. Once they are inside, they can force entry into any other part of the property.

If you cannot pay the bailiffs, or you don’t let them in, they are legally entitled to remove items from outside of your property (eg. your car or other vehicles) to be used to discharge your debt/s.

Click to expand...

Overview​

A power of entry is a statutory right for a person (usually a state official such as a police officer, local authority trading standards officer or a member of enforcement staff of a regulatory body) to legally enter defined premises, such as businesses, vehicles or land for specific purposes.

The purposes for which a power of entry might be exercised include undertaking an inspection, dealing with an emergency or searching for evidence during an investigation.

Often, a power of entry is accompanied by what are known as ‘associated powers’, which set out what an official can do once they have entered the premises. This might include conducting a search, seizing relevant items or collecting samples.

Currently, there are around 900 separate powers of entry under primary and secondary legislation

Click to expand...

gswindale said:

We had Cadent visit our house a couple of months ago. Not entirely too sure what they actually did, but it did involve the gas being off for a couple of hours (Tea therefore cooked on the BBQ). They were replacing pipes in the street though, so it was related to that.

Click to expand...

swt_passenger said:

I believe there are rules they have to follow after planned or emergency turning off the local gas main, I think they have to physically check that all appliances within buildings are in a safe state before putting the gas back on, ie making sure someone isn’t at risk from the suddenly restored gas supply, having left something like a hob control valve on.

Click to expand...

Lancashire Evening Telegraph
2nd January 2009

Rawtenstall sub-station gas blast ‘fiasco’: give us the answers

CALLS have been made for a public inquiry to be held to get to the bottom of the gas blast which left thousands of homes without a supply over Christmas.

Residents say they reported problems with a gas main in Holme Lane, Rawtenstall, to National Grid more than two weeks before an explosion at a sub-station led to 18,000 homes losing their gas supply.

Now it has emerged that the energy firm could be facing a bill of up to £2million to compensate people for being left without gas.

Bacup county councillor Jimmy Eaton said an inquiry must be held into the handling of the gas leak and the priority the company gave to fixing the fractured main.

He said: “If this problem was reported 17 days before the explosion then there needs to be an investigation into why it was left so long.

“If I reported a gas leak then I would expect someone to be there that day so I don’t know what has happened with this large gas main.”

Coun Eaton said he had been concerned to see residents of Olive House, in New Line, being moved as a result of the gas shortages.

“These people are 80 and 90 years old and they were moving them out just before Christmas Day. This kind of thing is enough to kill someone that age,” added Coun Eaton.

The county councillor added that engineers who worked, street-by-street, to reconnect supplies to customers had been brilliant.

Rossendale council leader Coun Tony Swain also backed calls for a public inquiry to see if lessons could be learned from the situation and to prevent future problems.

He added: “It was wonderful to see the community spirit shown by the people of Rossendale in getting through this crisis.”

Alex McDonald, of Newchurch Road, Stacksteads, had to flag down an engineer to restore his supply on Christmas Eve.

He said: “There should be an inquiry - what were they doing for all that time? We have been told they were waiting for specialist equipment to tackle the problem but what was happening before the explosion?”

Only a few hundred homes in Bacup, Waterfoot, Newchurch, Rawtenstall and Crawshawbooth are now without gas following the explosion which severely disrupted supplies on December 22.
But up to 18,000 homes and business across the valley could be entitled to cash payouts because of the supply breakdown.

Households qualify for compensation of £30, for every 24-hour period they were affected, and companies can receive £50, under similar conditions.

But National Grid officials are remaining tight-lipped over the cost of the four-day operation to restore gas to Rossendale homes, which made headlines on TV and radio stations nationwide, although an investigation was launched into the circumstances surrounding how it happened.

Following the incident officials said the leak had been assessed by engineers followuing complaints but had not been deemed a priority.

Around 300 engineers were drafted in from around the country as a result of the incident. The team, which worked street by street reconnecting supplies, would have been entitled to extra payments for working on Christmas Day and Boxing Day.

Jeannette Unsworth, National Grid spokesman said: “We are down to the last few hundred homes in terms of reconnections.

“And most of these are people who have been away for Christmas and New Year where we have not been able to gain entry to the property.

“We have left cards urging these people to contact one of our engineeers as soon as possible.”

The compensation payouts will be handed out automatically to customers through their normal gas suppliers, she added.

“Everyone affected by this will be liable for £30 for every 24-hour period. They do not have to do anything to claim the money as it will paid to them automatically through their normal gas supplier. We have all the figures for who was affected and for how long.”

If every domestic customer affected received two days compensation for lost supplies, the bill would total £1.08million, with the bill rising to £1.62million for three days and £2.16million for four days, and possibly up to £100,000 for businesses.

The company, which is responsible for maintaining the national energy network, reported operating profits of up to £1.08billion in November.

Click to expand...

Baxenden Bank said:

Yes there are. This incident, back in 2008 (it seems more recent), had 300 engineers from across the country going door-to-door to 18,000 homes immediately before Christmas.

Rawtenstall Gas Leak, December 2009

Click to expand...