Cutting off Electric to Commercial Tenant
Discussion
croissant said:
I don't know the legalities, but I would think you should give notice that you're going to do this.
There has been multiple communications on phone, via email and letter. There has been various promises, non kept. She will be warned, I will give 7 days then shut the power off. nikaiyo2 said:
We have a tenant in a commercial building who owes rent, rates and power bills. She has the money (certainly looks that way) just does not want to pay.
The power to that unit is supplied through another unit that we occupy and can be isolated within our building.
Can I cut her off?
You're the landlord, not us. Surely you worked that one out before you rented it out.The power to that unit is supplied through another unit that we occupy and can be isolated within our building.
Can I cut her off?
What does it say in the contract?
NGee said:
You're the landlord, not us. Surely you worked that one out before you rented it out.
What does it say in the contract?
That the tenant will pay for utilities as billed at the end of the following calendar month. It does not mention that it can be cut off but surely that goes without saying. What does it say in the contract?
She is now 6 months late with the Electric and rates. She pays rent on timeish but that was always a nightmare until forfeiture was mentioned in various communications.
nikaiyo2 said:
It does not mention that it can be cut off but surely that goes without saying.
Why? You can't assume anything when it comes to legalities! (You certainly can't do that on domestic rentals)What is the point in having a contract telling you what to do if it doesn't explain the penalties for not doing it!?
NGee said:
nikaiyo2 said:
It does not mention that it can be cut off but surely that goes without saying.
Why? You can't assume anything when it comes to legalities! (You certainly can't do that on domestic rentals)What is the point in having a contract telling you what to do if it doesn't explain the penalties for not doing it!?
Domestic is different.
bad company said:
If she hasn’t paid for the power and there’s nothing in the contract saying it cannot be disconnected then surely it can be.
I don't know, you might be right, but it's a massive gamble to take if it turns out to be illegal.Remember, assumption is the mother of all f
k ups!!This is why I always recommend that rating assessments are split when different companies are in occupation. A single assessment might be cheaper for both parties but that is only the case if both parts are occupied and paying their share!
There is nothing to stop the OP submitting a Check seeking to split the assessment and it can be backdated to 1 April 2017 or the date she took occupation whichever is the later. The Council will then bill each occupier separately and they have greater collection powers.
The OP will have to repay to the tenant any rates paid although could always deduct the electric payments from it.
There is nothing to stop the OP submitting a Check seeking to split the assessment and it can be backdated to 1 April 2017 or the date she took occupation whichever is the later. The Council will then bill each occupier separately and they have greater collection powers.
The OP will have to repay to the tenant any rates paid although could always deduct the electric payments from it.
Edited by Chrisgr31 on Wednesday 19th August 12:19
Chrisgr31 said:
This is why I always recommend that rating assessments are split when different companies are in occupation. A single assessment might be cheaper for both parties but that is only the case if both parts are occupied and paying their share!
There is nothing to stop the VO submitting a Check seeking to split the assessment and it can be backdated to 1 April 2017 or the date she took occupation whichever is the later. The Council will then bill each occupier separately and they have greater collection powers.
The OP will have to repay to the tenant any rates paid although could always deduct the electric payments from it.
Now that I was not aware of! There is nothing to stop the VO submitting a Check seeking to split the assessment and it can be backdated to 1 April 2017 or the date she took occupation whichever is the later. The Council will then bill each occupier separately and they have greater collection powers.
The OP will have to repay to the tenant any rates paid although could always deduct the electric payments from it.
We are doing stuff with a rates surveyor at the moment so will speak to them.
Our part of the building is industrial theirs is a retail showroom!
NGee said:
Why? You can't assume anything when it comes to legalities! (You certainly can't do that on domestic rentals)
What is the point in having a contract telling you what to do if it doesn't explain the penalties for not doing it!?
The electric company can cut off domestic supply for non payment...What is the point in having a contract telling you what to do if it doesn't explain the penalties for not doing it!?
There is plenty that a contract does not cover but would not be permitted.
Would one need to put into a contract that payment for services provided is expected? She also benefits from super low cost power as we don't mark it up and sell it to her at what we pay for it, baring in mind we have a 2500kwh supply so pay good rates compared to most people.
I would be very wary of cutting the electric off unless explicitly stated in the lease that that is a remedy.
I presume you're doing it as you don't want to go down the legal route due to cost. You need to go down the legal route, irrespective of cost. There will very likely be a right to services in the lease, cut off those services and it will be you who is in breach of the lease.
I presume you're doing it as you don't want to go down the legal route due to cost. You need to go down the legal route, irrespective of cost. There will very likely be a right to services in the lease, cut off those services and it will be you who is in breach of the lease.
nikaiyo2 said:
Chrisgr31 said:
This is why I always recommend that rating assessments are split when different companies are in occupation. A single assessment might be cheaper for both parties but that is only the case if both parts are occupied and paying their share!
There is nothing to stop the VO submitting a Check seeking to split the assessment and it can be backdated to 1 April 2017 or the date she took occupation whichever is the later. The Council will then bill each occupier separately and they have greater collection powers.
The OP will have to repay to the tenant any rates paid although could always deduct the electric payments from it.
Now that I was not aware of! There is nothing to stop the VO submitting a Check seeking to split the assessment and it can be backdated to 1 April 2017 or the date she took occupation whichever is the later. The Council will then bill each occupier separately and they have greater collection powers.
The OP will have to repay to the tenant any rates paid although could always deduct the electric payments from it.
We are doing stuff with a rates surveyor at the moment so will speak to them.
Our part of the building is industrial theirs is a retail showroom!
Check the rates surveyors fee basis for doing it, arguably they should highlight the issue and solution anyway!
JQ said:
I would be very wary of cutting the electric off unless explicitly stated in the lease that that is a remedy.
I presume you're doing it as you don't want to go down the legal route due to cost. You need to go down the legal route, irrespective of cost. There will very likely be a right to services in the lease, cut off those services and it will be you who is in breach of the lease.
Tbh its not so much cost I can switch the power off easily quickly and take some direct action. I just want to do something ! I presume you're doing it as you don't want to go down the legal route due to cost. You need to go down the legal route, irrespective of cost. There will very likely be a right to services in the lease, cut off those services and it will be you who is in breach of the lease.
nikaiyo2 said:
The electric company can cut off domestic supply for non payment...
You might want to check that, 25 or 30 years ago 7 days and your off grid, cutting off domestic utilities in this day and age is a long drawn out process akin to evicting a non rent paying private tenant and is actually unlawful during the winter months nikaiyo2 said:
JQ said:
I would be very wary of cutting the electric off unless explicitly stated in the lease that that is a remedy.
I presume you're doing it as you don't want to go down the legal route due to cost. You need to go down the legal route, irrespective of cost. There will very likely be a right to services in the lease, cut off those services and it will be you who is in breach of the lease.
Tbh its not so much cost I can switch the power off easily quickly and take some direct action. I just want to do something ! I presume you're doing it as you don't want to go down the legal route due to cost. You need to go down the legal route, irrespective of cost. There will very likely be a right to services in the lease, cut off those services and it will be you who is in breach of the lease.
I'm sorry, but cutting the power off to a tenant is as legal as sending 12 of your mates round with baseball bats.
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