GETTING LEGAL HELP
Where individuals are renting their home, whether in the private sector or social sector, they are entitled to a warm and healthy environment. However, in some cases they may encounter problems where their landlord will not take the necessary measures to provide affordable warmth.
The current Fitness Standard for housing in England, introduced in April 1990, specifies that a house should be “free from dampness prejudicial to health” and contain “adequate provision for heating and ventilation.” The English House Condition Survey 2001 found that some 900,000 properties in England were unfit.
The Housing Health and Safety Rating System (HHSRS) was introduced by the Housing Act 2004 and will replace the Fitness Standard when detailed guidance has been issued. The HHSRS places considerable emphasis on the need for a warm and healthy living environment.
In many cases, however, landlords, whether private or public sector, will be reluctant to take expensive remedial action to resolve the heating, insulation and ventilation problems that cause fuel poverty and cold, damp housing.
In such cases, tenants may feel compelled to initiate action involving technical and legal intervention.
The following agencies may be helpful for legal and technical advice on housing matters:
Source of legal advice and guidance an all matters including housing issues.
The Law Centres Federation (LCF)
Can provide details of local law centres for access to advice and guidance on housing issues.
AdviceUK (formerly the Federation of Independent Advice Centres)
Can provide information on specialist advice agencies operating in specific areas.
ELDERLY, DISABLED OR CHRONICALLY SICK CUSTOMERS
Householders who meet any of the criteria set out below can apply to register on their energy supplier’s Priority Service Register:
- pensionable age
- disabled
- chronically sick
- have sight or hearing difficulties.
Services available under the Priority Service Register
Free gas appliance safety check
This check will tell you if the gas appliances being used are safe and that they are not giving out a harmful level of carbon monoxide. Free annual check provided all members of the household qualify for inclusion on the register. If the gas supply must be turned off for safety reasons, and all adults in the home are eligible for the Priority Service Register, alternative cooking and heating facilities will be provided
Relocation of meter for improved access
If it is difficult to read or access the electricity or gas meter, energy companies will consider moving the meter, free of charge, to a more convenient position.
Special controls and adapters for appliances and meters
Energy companies may be able to provide special controls and adapters to help customers who have difficulty using gas and electricity appliances or meters.
Password protection scheme
Energy companies and customers can agree a personal password for use by company staff when they visit the home. In this way, customers will protected from bogus callers pretending to be representatives of the gas/electricity company.
Quarterly meter readings
Some companies do this as standard, but if customers have difficulty in reading their meter or are worried about inaccurate bills, their supplier can arrange for someone to call every quarter to read the meter. They may also limit the period of meter reading to avoid anti-social hours.
Bill nominee scheme
On request, bills can be sent to the address of a friend, relative or carer so that they can help to arrange payment.
Advance notice if electricity supply is to be interrupted
Companies should recognise the possible increased dependence on energy services by vulnerable consumers and make special efforts to provide these consumers with advance warning of supply interruptions.Services for customers with impaired hearing or vision
Services for customers with impaired hearing or vision
Many companies provide Braille and talking bills and must also have available suitable facilities to handle complaints and enquiries from customers who are visually or hearing impaired.
KEEP WARM KEEP WELL
The annual Keep Warm Keep Well (KWKW) campaign is aimed at financially disadvantaged older or disabled people and their carers, and families with young children on low incomes. It gives information on the health benefits of keeping warm in winter, providing advice on healthy eating and exercise, home heating and energy efficiency, and details of the grants and benefits available. The KWKW information booklet provides advice on getting financial help, saving energy and money and staying warm and healthy.
HEALTH AND SAFETY
The main health and safety issue related to domestic fuel use concerns ventilation and the hazard of carbon monoxide. Carbon monoxide (CO) can be given off by appliances that burn gas, oil, coal or wood. This can happen if the appliance is faulty, the room is not properly ventilated or the chimney/flue is blocked.
Danger signs are:
- gas flames burning orange or yellow instead of the normal blue
- soot stains on or above the appliance
- coal or wood fires that burn slowly or go out.
Actions to take:
- appliances should be checked for safety every year by a competent person. Gas appliances should only be checked by Gas Safe Register (replaced CORGI 1 April 2009) engineers
- the property must be properly ventilated –vents should never be blocked
- chimneys and flues should be regularly swept and cleaned
- carbon monoxide detectors can be purchased (they should conform to British Standard BS 7860).
Gas
Transco, the gas pipeline company, is responsible for dealing with gas leaks and emergencies. If there is a smell of gas, the free Transco 24-hour national emergency number should be contacted.
In the event of a suspected gas leak:
- doors and windows should be opened to get rid of any gas
- checks should be made to ensure that the gas supply to an appliance has not been left on unlit or that a pilot light has not gone out
- the supply should be turned off at the mains
- matches or naked flames should never be used
- no electrical switches should be turned on or off (including doorbells).
Annual Gas Safety Check
Householders who are of pensionable age or disabled or chronically ill, can have a free annual safety check on gas appliances and other gas fittings.
If you rent your home, your landlord must ensure that gas fittings and flues are maintained in good order and that gas appliances and flues are checked for safety once in a period of twelve months.
Electricity
Where there is concern about a safety problem with the meter, cables or other equipment leading into the home, the supplier should be contacted on their emergency telephone number. It will be listed on the bill under Supply Failure. Alternatively, contact the emergency number under ‘Electricity’ in the telephone directory.
This is also the number to call if the supply of electricity to the home is interrupted. Restoring supply is the responsibility of the local electricity distribution company that maintains the cables and wires supplying electricity to the home. If power is not restored to the home within 18 hours, a claim for a compensation payment can be made. The supplier should be contacted for further information.
Complaints and enquiries
In the event of a complaint about electricity or gas issues including problems with switching supplier, the first contact should be with the company that currently supplies the gas or electricity – the address and telephone number will be on the bill. Most problems should be able to be resolved quickly and simply this way.
A major area of concern in the energy market has been unscrupulous practices in marketing – particularly with regard to doorstep selling. Trading Standards Officers have brought successful prosecutions in cases where customers have been induced to sign contracts under the impression that they were simply requesting further information. It is also a criminal offence not to give notice of the statutory seven-day right to cancel any such contract.
Trading Standards Officers have powers under the Trade Description Act 1968 to take action against companies or agents who are responsible for misleading information. The Consumer Protection Act 1987 also authorises Trading Standards Officers to act on inaccurate pricing claims and comparisons.
NEA acknowledges the support of e.on in developing these advice pages