Power companies - who pays between tenants?

[cube]

Normally I too would take the same stance.....stop whinging and pay

BUT........the powercos are trying to interpret the law to suit themselves

When I had the "discussion" with my bosses re this point, I said that the judge would likely be quite terse.....and depending on his mood could be extremely terse

Well, the judge was exceedingly unimpressed with the brilliant reasoning of the powerco......i.e. someone needs to be billed and it should be the LL's responisibility to pick up such losses

Judge told the powerco involved to not waste the court's time....that they had their remedy.....i.e. disco the property

And that just because this would cost the powerco, this cost was an insufficient reason to totally rewrite the laws regarding contract

I repeat, for those who missed what I told my bosses.............

A person who is not party to a contract is NOT bound by it

The judge was of the same opinion

But if the powercos took the judge's advice and disconnected as soon as the contract was over, they'd just pass the charge on at reconnection, and that, I'd argue, is most certainly the LL's responsibility if they want to attract a tenant! I think I'd rather pay the $50.

By the way, one tenant cancelled their power contract 4 weeks before moving out (90 day notice), so when I was in tidying up their mess the day after they moved out the contractor turned up to disconnect, and no amount of negotiation would sway him otherwise! Paid the reconnection fee and he came back the next day. Didn't get lumbered with the tenant's bill though.

[revdev]

the contractor turned up to disconnect, and no amount of negotiation would sway him otherwise!

The local contractor back home would probably tip the scales at 130kg+...I don't think he gets too much grief either come disconnection time!

[Wayne]

From a moral standpoint - if you left the HWC and lights on (ie didn't check after the tenant left) then you should pay! Why should the power company (or their shareholders) pay for the power you have used (remember when the tenant leaves it is yours. After all, you own it!).

[spurner]

Am I missing something? If you didn't request the power to be on and didn't have any agreement with them and didn't use any power in there then why on earth should you pay for it! If SKY or Telecom decided to leave their services connected to the premises after the tenant had moved out, would you pay money to them too? As far as I am concerned they are all utilities, and paid for by the tenant. As LL just pay for the rates/water.

I had a case a number of years ago when a gas company rang me to say that the gas hadn't been used at a unit I own for a number of years, and therefore they were going to remove the meter. And as owner I would have to pay for it and they would send me the invoice. I sternly told them that I never requested the gas meter to be installed, never used any gas there, never had any account or agreement with them, I am not requesting it to be removed, and they have no right whatsoever to try and charge me for it.

I honestly believe these companies are just "having a go" / "fishing" to try and catch somebody unaware of the law or their obligations, to try and recoup some of their own business expenses!

[Wayne]

Spurner - what you say sounds very reasonable but in this case (where this thread started) the tenant moved out (so the LL is now in possession of the property). They left some lights on and the HWC on so someone used power. Given that the LL owns the place they used it - who else could have? The previous tenant may have left the lights on but the LL should have checked - it is their place.

I don't see how you using power (lights and HWC) is the power companies business expense! In the case you alude, if you didn't use power AT ALL then it is unreasonable for anyone to have to pay line charges etc. In my own experiance this doesn't happen. The old tenant pays to the en of their term and the new tenant starts paying line charges from the start of theirs. All nice and fair.

[Xav]

Difficult to see how Ahar could be wrong legally as there is no privity of contract between the power company and owner, but taking a pragmatic view is probably going to be more economic most of the time.

Wayne, it is the power company's problem because they have no contract to provide electricity to the property but choose to do so anyway.

[edit] If it has been disconnected and the power company is trying to charge you a disconnection and a reconnection fee, it may be better to change to a different company thereby avoiding the disconnection fee (and power usage charges).

[ream]

Two comments which might not shed much light on this debate but may be interesting to some anyway...

The first time a tenant moved out of one of our rentals here in NZ we assumed that as the LL we had to take over any power charges because that's how it works in the UK. Actually rang the power co & tried to do this (after all, as above we did want to use some lights, vacuum etc) and they wouldn't let me. Told me that they never did this with LL properties, they couldn't actually charge anybody for the bit of usage between customers so always just wrote that off. Unfortunately I can't remember which company that was.

Secondly, I just had to get the power disconnected from a Chch red-zoned property. Thought the tenants had done this a year ago when they moved out, as it was uninhabitable, but with all the chaos at the time it hadn't happened. Rang the lines co who had put a warning sticker on the window & was told I had to ring the retailer. Luckily still had the tenant's details so was able to find out the retailer THEY had had a contract with. They'd closed the account but not asked for disconnection, and fair enough they shouldn't have had to pay for it anyway in the circumstances. Was told I'd have to sign up as a customer, then apply for disconnection AND pay for it.

Was buggered if I was going to do this at first - who would have paid in the end if I hadn't rung & volunteered? CERA? Insurer? Lines co? Decided later to ring back & do it anyway since there are still people living either side (poor buggers) and ours could be a fire risk for them. Got another girl who told me they weren't charging people for disconnections in the red zone since it wasn't their fault. So that's either karma or proof that they can bend their policies when they want to.

[Keys]

Grin.

Paid the old properties power on time, every time. Prompt payment discount allowed each time. Had the property Red Zoned and power cut off. No disconnection fee.

Last bill came in. Paid.

Next bill came in (?) disconnection fee plus loss of prompt payment discount.

Yes, this has been going on since November 2011 and is still not resolved.

Each time they say I am correct. Next bill arrives as usual asking for payment. Heh Heh Heh

[ream]

LOL. At least you're not getting stressed about it

BTW our disconnection fee was going to be $120 - none of this $50 lark mentioned above.

[ream]

Ha...have just been billed for the 4 days line charge between calling to volunteer to pay the then-waived disconnection fee, and them getting there to cut it off. They couldn't just have disconnected us & closed the account, could they.

[TheLiberalLeft]

Pay it in person in 10c coins.

[ream]

Not worth my time - but nice idea
Obviously whinging about it on here IS worth my time

[Keys]

Rofpmsl. .