Tenants high power bill.

[muppet]

Hi Guys

Tenant gets a power bill for $600 more than he should have got.

Electrician is sent around on an unrelated matter. Tenant talks to him about his power bill so electrician checks thermostat and finds it faulty. Thermostat is replaced but tenant wants compensation for high power bill.

Who is responsible for paying the high bill?

Am trying to get past powers accounts so that I can check when the problem may have started.

Eagerly awaiting answers.

Regards

[outspoken]

That's quite an interesting one Muppet, I'm not experienced in this, so please just let me speak from a common sense point of view, and then let the real 'salties' get it right.

Ultimately, the tennant has liability to the power co, because their name is on the account not yours. So in that respect I would say they have to pay it.

Then, they may have some recourse through you, at the TT,for not providing the property in a well maintained condition. Now I don't know any relevant TA clause that states this, so is there one?

Then, finally, You (and perhaps the tennant) could approach the power co & explain the situation and plead your case?

Maybe it's just better that you both do that in the first instance?

[drelly]

Hey Muppet, is this just over one month?! I agree that approaching the power company would be a good idea with evidence from the sparky.

[Traff]

IF they are anything like the water companies especially Manukau water - they will say it isn't their problem.

Good luck

Sharon

[BusyLizzy]

Doesn't the tenant have some responsibility to raise a concern with the landlord in the first place (ie when the first bill arrived)?

My tenants expressed concern over their power bill when the PM did the last property inspection. PM suggested they get someone in to check out the appliances etc which I balked at a bit (to myself) but the sparky discovered the hot water cylinder was set to 60 degrees! Made an adjustment and hopefully all will be OK now.

[Traff]

we are talking about tenants here Busy Lizzy - it sometimes takes a little time for things like this to register.

Sharon

[DamonH]

You also get the tenants that adjust their own HW Cylinder. I had one that seemed to often have the cover off adjusting it. It didn't worry me as he can have cooler water if he wants to save money. But just check your tenant hasn't adjusted it to get hotter water (= better pressure on an uneven pressure system) and didn't realise the extra cost there would be.

I was working at my place and the plumber was there, he says to me you need to get the cover back on that cylinder or you are liable, mind you that plumber (apprentice) had me liable for any little thing.

[essence]

Electrician is sent around on an unrelated matter. Tenant talks to him about his power bill so electrician checks thermostat and finds it faulty. Thermostat is replaced but tenant wants compensation for high power bill.

Who is responsible for paying the high bill?

There are two separate issues here, the first is the faulty thermostat, the second is the power account.

The power account is in the tenant's name, therefore their responsibility to pay it, not yours. The tenant needs ring the power company and explain situation and ask for a grace period to pay it off, say over a two or three month period.

The first issue is the faulty thermostat. This is a maintenance problem. Unfortunately things go "pop" and the tenant isn't to blame.

Don't offer to pay the account for the tenant, this sets a precedent. Suggest to the tenant, that to make all things fair and reasonable, that the tenant apply to TS for a mediation hearing to get an unbiased person to work out who pays what.

It is more than likely the decision will be for the LL (you) to repay the T. Suggest that you will pay the amount due directly onto the power account, thus putting the account (potentially) into credit and also rescuing the tenant's history with the power company.

That way, there is no argument between LL and T. This sets in stone the obligations for this instance of both the LL & T.

If the tenant cannot get their *cough* together and pay $20 for a hearing, that is the tenant's problem, not yours.

Sounds harsh and it is, but the tenant's have to take responsibility for this if they want their money back.

Be accommodating and suggest whichever date/time the tenant gets for the hearing you will be more than willing to attend.

My 10 cents worth.

[CJ]

problem with power bills as there can be a sharp rise if there is a period of estimates followed by an actual reading. Unless you check the estimate against the meter, it isn't until the actual reading takes place do you realise the spike in cost.

[dandan]

A $600 "actual" power bill isn't unusual for a flat containing 5 or 6 young people at this time of the year.

[sheree99]

If the sparky found the thermostat set to 60 degrees then the high use of electricity wasn't caused by a fault. You didn't say he replaced the thermostat. Therfore someone had to have set the thermostat that high. How long have the tenants been there? If they have been there a while but have only just 'noticed' the problem I would suggest that they changed the thermostat themselves. If they have only recently moved in didn't they notice the hot water temp was too hot and either adjust the therrmostat themselves or ask you to adjust it.
While it is the landlords responsibility to provide the means to heat water in good working condition it is not up to the landlord to dictate what temperature the thermostat is set at. Tenants need to take responsibility fo rtheir own actions and use.

[BusyLizzy]

Absolutely agree tenants need to take responsiblity.

Tenants have been there for over a year, and neither they, nor previous tenants complained about power bill. It is my belief the tenants changed the setting and forgot about the impact on the power bill of doing so. No, they haven't tried to get compensation from me. It cost me the price of a sparky going to check it all out, which I ended up paying for. Whilst I initially balked at that idea, he did find another problem that needs rectifying, so I'm grateful for that.

All is well, that ends well.

So Bob - what are you going to do about your tenant?

[Cassandra]

Don't offer to pay the account for the tenant, this sets a precedent. Suggest to the tenant, that to make all things fair and reasonable, that the tenant apply to TS for a mediation hearing to get an unbiased person to work out who pays what.

It is more than likely the decision will be for the LL (you) to repay the T. Suggest that you will pay the amount due directly onto the power account, thus putting the account (potentially) into credit and also rescuing the tenant's history with the power company.

That way, there is no argument between LL and T. This sets in stone the obligations for this instance of both the LL & T.

If the tenant cannot get their *cough* together and pay $20 for a hearing, that is the tenant's problem, not yours.

Sounds harsh and it is, but the tenant's have to take responsibility for this if they want their money back.

Be accommodating and suggest whichever date/time the tenant gets for the hearing you will be more than willing to attend.

My 10 cents worth.

I've pretty much done this after recieving a tenant letter threatening "legal action" and claiming $X (figure plucked from where i dont know) for a high power bill wherea thrmostat was faulty.I responded with a letter informing her the "legal action" she spoke of was a TT application and that a mediator/adjudicator would hear her case and make an impartial decision but explained, along with a carefully worded and detailed explanation of our (quick) time line of having the problem remedied from the date it was reported, that we would need hard evidence of not just her bills over the period but her power statements showing kilowatt consumption over a number of months so that they /we could see comparative kilowatt consumption to evidence if it had peaked. Pretty much said "bring it on" - but bring evidence (Gees i may have even attached the TT application form for her) ....it went nowhere...aside from a muffled apology the next time i saw her and that a friend or relative had put her up to it :-)

[Keys]

I was working at my place and the plumber was there, he says to me you need to get the cover back on that cylinder or you are liable, mind you that plumber (apprentice) had me liable for any little thing.

They, being straight out of school and fresh, are more up to the play than the old hands IMHO

[DamonH]

They, being straight out of school and fresh, are more up to the play than the old hands IMHO

Yes quite true. My brother, an electrician not long out of his time, shakes his head at the boss some times. But it still doesn't shift the tenants own actions to the landlord's responsibility.