§ Mr. Jim CunninghamTo ask the Secretary of State for Environment, Food and Rural Affairs (1) under what powers the Ofwat Regulator can(a) compel water companies to install meters at the request of tenants, (b) make water companies notify tenants of any changes to their water charge tariffs and (c) intervene where a tenant feels that the tariff being levied is too high; [11879]
(2)under what powers water companies are required to (a) advertise changes in tariffs to (i) residents and (ii) tenants and (b) inform (i) residents and (ii) tenants of such changes; [11878]
(3)if she will make a statement on the procedure for resolving disputes between landlords and tenants other than through the Regulator. [11880]
§ Mr. Meacher[holding answer 1 November 2001]: Under section 142 and 143 of the Water Industry Act 1991, as amended by sections 3 and 4 of the Water Industry Act 1999, water companies have no power to charge for services to a dwelling except in accordance with a charges scheme approved by the Director General of Water Services (Ofwat). Under Condition D of the terms of their appointments as statutory undertakers under the Water Industry Act, companies must make their charges schemes available to anyone on request but there is no requirement to advertise tariffs or changes in tariffs. Companies communicate with their customers about 37W tariffs when sending out bills. Ofwat also publishes information each year about changes in average bills and detailed tariffs for each company.
Disputes as to the water charges payable by a customer to the water company may be made to Ofwat. There is no distinction in this procedure between customers who are tenants and others.
Under sections 144A and 209A of the Water Industry Act 1991 as amended by sections 6 and 11 of the Water Industry Act 1999, the right to a measured water charge, and therefore to a water meter free of initial cost, is available to all household water company customers irrespective of tenure except for tenancies of less than six months. The terms of a tenancy may not prevent a tenant from requesting the installation of a meter or require any consent from the landlord. Companies are required to fit a meter on request except where it would not be reasonably practicable or would incur unreasonable expense. Any dispute may be determined by Ofwat. Water companies have no involvement or statutory duties as to the charges made by landlords to tenants who are not water company customers, nor is there any statutory duty on landlords to charge tenants on a measured basis.
Sometimes the landlord is the customer liable to pay charges to the water company. The charges set by such a landlord to tenants are service charges that are in the first place a matter between landlord and tenant. Ofwat has made the Water Resale Order 2001, under section 150 of the Water Industry Act, limiting the charges that may be made for reselling water or sewerage services provided originally by a water company. Ofwat can advise but has no powers to determine disputes between landlords and tenants.