I suspect the issue is one of fairness, rather than legality. I think the
best route would be the same as you do with council tenants - the owner of the
property is always responsible and they write into the contract that the new
tenant takes over that responsibility as soon as they move in. Neither the
outgoing tenant nor the incoming have any duty to pay for electricity during the
time they are not occupying. Some utilities do try it on a bit and attempt to
charge one or the other but that is mainly to maintain a good relationship
with the agents or landlords.
My suggestion would be similar to Charles' - cut off the supply unless the
landlord/agent is prepared to cover the costs during the empty period. They may
need to do this for viewings, etc., and it would be unfair under competition
rules to automatically start charging the new tenant without giving them a
choice of supplier.
The DPA implications are also rather complex - what if the outgoing tenant is
not in possession of the full or true facts? Ask the agent or landlord to
confirm the new tenant as soon as they have a contract.
Ian B
Ian Buckland
Managing Director
Keep IT Legal Ltd
Please Note: The information given above does not replace or negate the need
for proper legal advice and/or representation. It is essential that you do not
rely upon any advice given without contacting your solicitor. If you need
further explanation of any points raised please contact Keep I.T. Legal Ltd at
the address below:
55 Curbar Curve
Inkersall, Chesterfield
Derbyshire S43 3HP
(Reg 3822335)
Tel: 01246 473999
Fax: 01246 470742
E-mail: [log in to unmask]
Website: www.keepitlegal.co.uk
---------
In a message dated 14/02/05 16:15:09 GMT Standard Time,
[log in to unmask] writes:
> Could anyone give me some advice on the following :
>
> When a tenant calls us and tells us they are leaving their premises, we ask
> them for the name of the new tenant, we then send them an e-mail explaining
> that we are their supplier and asking them to contact ourselves. If they do
> not contact us to either accept us as their new supplier or to say they
> don't wish us to be their supplier, we set up an account with the details we
> have and bill them up to date.
>
> As we continue to supply electricity to the property even after the previous
> tenant has moved out, if we do not follow this process the new tenant would
> receive free electricity. One of our customer has put in a complaint
> regarding this, does anyone have any thoughts.
>
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