Money Moral Dilemma: My tenants left without cancelling their broadband - should I keep using it?

staggered

The landlord is in a difficult position.  It's likely that the broadband provider won't cancel the broadband, because authorisation for that has to come from the contract holder i.e. the tenant.  Which means that, without going to the considerable trouble and expense of getting a second line installed, the landlord won't be able to get their own broadband service (you can't have two services on the same line).  They either have to use their tenants' broadband or have none at all.  Their tenant has, once again, left them high and dry.

I would ring the broadband provider and try and get them to cancel the service.  If they don't, escalate to the Ombudsman.  Perhaps use mobile broadband as a temporary measure.  If they wanted to use the tenants' broadband in the meantime, I wouldn't blame them in the slightest, what else are they supposed to do?  There wouldn't be any legal ramifications and, if they've tried to get the contract cancelled but not been allowed to, then they're not doing anything remotely immoral as far as I'm concerned.  The only reason I'd try and avoid using it would be if the tenants used it as a ploy to avoid paying the rent they owe.

bambibear

I don't think it's as straightforward as "illegal". The previous tenants may have been tied into a e.g. 12 month contract. If you have the password (and clearly you do), and as they owed you money, if I was in your shoes, I would keep using it until you manage to contact the ex tenants to get them to cancel. If you dont have a forwarding address, then that's their issue.

gdobson

I agree with eddddy. It would be dishonest by any standard. Your proper route is to sue for rent arrears. It’ll be to your credit In the event of the tenant defending your claim, to slip into your pleadings that you informed the tenant they had over looked this. Never be afraid of using the small claims court as it’s an effective tool. I wouldn’t  use their broadband if I were you.

jimbog

REJP said:

You can take your ex tenants to Small Claims Court to get your rent.
However if you use their money for broadband without telling them, you will lose your claim due to being a thief.

I'm not sure you are right there. A magistrate would only be looking at the rent issue

CapeTown

Thanks for all your comments - it is my moral dilemma. They left without a forwarding address and as well as not paying the rent, they omitted to pay bills too - which is why I am surprised that the broadband is still going.
I will call Virgin and try to cancel - on the strength of comments on here, but knowing broadband providers, it is extremely hard to do anything if you are not the bill payer - but I am not going to try too hard.

GraceCourt

gdobson said:

I agree with eddddy. It would be dishonest by any standard.

No, it wouldn't.  The only standard to be be considered (in England and Wales... all types of theft in Scotland are common law offences) is Section 2 Theft Act 1968, which defines that which is not "dishonest", and states:

A person’s appropriation of property belonging to another is not to be regarded as dishonest—

• (a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or
• (b) if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or
• (c) (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.

In these circumstances, both S.2(1)(a) and 2(1)(c) appear to be applicable (the latter in the sense that the landlord can try to inform Virgin that their customer has moved out, but as previous posters have already pointed out, Virgin will very probably refuse to accept that notification from a third party or even to discuss the account at all).

PRAISETHESUN

CapeTown said:

Thanks for all your comments - it is my moral dilemma. They left without a forwarding address and as well as not paying the rent, they omitted to pay bills too - which is why I am surprised that the broadband is still going.
I will call Virgin and try to cancel - on the strength of comments on here, but knowing broadband providers, it is extremely hard to do anything if you are not the bill payer - but I am not going to try too hard.

Ignoring the "moral" dilemma here, it is technically possible to cancel their service if you can show that they no longer live there. It won't solve the fact they they owe the provider money, but you can at least get a new service set up in your name. A similar thing happened to me when I moved house a few years ago and the previous tenants up and left without paying off their bills or cancelling most of their utilities. The person I spoke at the time called it something like a "hostile line takeover" and basically after I provided them with proof that I now lived at the premises, they had to serve a month's notice (or something like that) before they could cancel their service and set up a new one in my name. 

wud2016

Not a crime, as most people are saying. There is no dishonesty involved. You are owed money, and this is one way of recovering your debt. No problem.

Matt8888

CapeTown said:

Thanks for all your comments - it is my moral dilemma. They left without a forwarding address and as well as not paying the rent, they omitted to pay bills too - which is why I am surprised that the broadband is still going.
I will call Virgin and try to cancel - on the strength of comments on here, but knowing broadband providers, it is extremely hard to do anything if you are not the bill payer - but I am not going to try too hard.

Gosh, a real reply that looks genuine... I always assumed these dilemmas were made up by bored staff at MSE!
Some replies have been strongly worded, but the bottom line is indeed that two wrongs don't make a right. If in law somebody steals from you, you absolutely do not have the right to steal from them. Why lower yourself to their level (and a chance, albeit a remote one, of complications down the road) for £20 a month or whatever? The reply above from "wud2016" is total nonsense. It is a "bloke down the pub" sort of opinion and has absolutely zero basis in law.

yorkie22

If the tenants have'nt informed the Broadband company then maybe you should. If you get caught out they may make you pay because they will know when  and how often it got used after they left.