Property de-energised...

OBAone

Hi All,

Just after a bit of advice please.

A couple of days ago I signed an assured shorthold tenancy agreement for an apartment through an estate agent. During viewing, the agent mentioned that there was no electricity in the property and that it will be up to the tenant to call the electricity supplier in order to restore power. So I thought it would be a straightforward process to ring the supplier, place my name on the account and then restore power. However, after staying on the phone for over 3 hours in a cold apartment, the supplier have confirmed to me that the property has been de-energised and that I would need to request for the property to be re-energised. Apparently this will require an engineer to come to the property to carry out the work. However, the team that deals with this aren't open until 9am on Monday. Therefore, it appears I've rented a property that has no electricity, no heating and no hot water. Just in case, the property doesn't use gas only electricity.

In this regard, I would like to know if the agent or landlord should have ensured that the house is re-energised and therefore connected to electricity before renting out the property. In addition, should this now be their responsibility to sort out? Just in case, there's a clause in the agreement that states it is the landlord's responsibility to keep in repair and proper working order the installations in the dwelling house for the supply of water, gas and electricity and for sanitation.

Thanks for your help in advance.

canaldumidi

That contract clause is lifted directly from the Landlord & Tenant Act 1985 so would apply even if not in the contract. Unfortunately the key word there is "installations" ie the cooker, the fridge etc. It does not apply to the electricity supply itself.

However both the verbal undertaking you received, plus other legal tenancy requirements, mean you should have had power available. Without it, you cannot get hot water, heating, or cooking - all of which would make the property unfit. See

The Homes (Fitness For Human Habitation Act 2018 with guidance for tenants here.

In practical terms, I suspect it will be quicker for you to sort this out on Monday than try to pursuade the LL/agent to do so.

Given that it can be sorted out, you will not be able to declare the contract frustrated, nor claim repudiated breach - assuming your intention was to get out of the contract.

However you should as a minimum claim comensation for the days without power eg rent free days. Put you complaint and claim in writing.

Arguably you could even move out into a hotel with washing/heat facilities etc, and claim that cost instead, but I suspect you might have to fight through the courts before the LL would compensate that.

AdrianC

OBAone said:

During viewing, the agent mentioned that there was no electricity in the property and that it will be up to the tenant to call the electricity supplier in order to restore power. So I thought it would be a straightforward process to ring the supplier...

And therein lies your issue.

You knew there was no power, when you signed, but assumed it would be easier than it is.

It's now Saturday. You moved in "a couple of days ago", during the week, but the team aren't available until Monday 9am - so when did you first call the supplier? Today, at the weekend...?

Slithery

OBAone said:

During viewing, the agent mentioned that there was no electricity in the property and that it will be up to the tenant to call the electricity supplier in order to restore power. So I thought it would be a straightforward process to ring the supplier, place my name on the account and then restore power.

It is a straightforward process, just not instant. Power re-connections have always required a call out, the fuses can't be restored by magic.

Unfortunately it's not the agents or the landlords fault that you didn't know this.

OBAone said:

Just in case, there's a clause in the agreement that states it is the landlord's responsibility to keep in repair and proper working order the installations in the dwelling house for the supply of water, gas and electricity and for sanitation.

The electrical installation in the house is in proper working order, it just isn't connected to a supply.

london21

Likely have to wait for the engineer to come in because other options likely take longer. 

You should have insisted that there is electricity before you moved in. 

csgohan4

london21 said:

Likely have to wait for the engineer to come in because other options likely take longer. 

You should have insisted that there is electricity before you moved in. 

Realistically:

Future tenant: I want electricity before moving in

EA: Sure no problem, sign here and deposit please

Tenant: W.T.F where's my electricity

EA: You have to call the utility company, nothing to do with us, we told it was up to the tenant to do 

Tenant: but you told me it would be sorted before i moved in

EA: Sorry we do not have a record of this and it is not our remit nor written in the tenancy contract

Tenant: F.F.S... puts the phone down

AdrianC

Slithery said:

The electrical installation in the house is in proper working order

We assume it is... and that there's a current EICR for the property, which requires power to be on.

dimbo61

So after you have rang the power company on Monday to get the electric installed.
Your next call is too the Letting agents !
Where is the EICR for the property I am renting, 
Did you receive a copy of the EPC ? 
You can check online to make sure the property has a valid EPC !
Do you have Gas appliances ? Gas hob, Fire or gas boiler.
Please come back to us if there is No GSC, EPC or EICR

sheramber

The OP said no gas

Just in case, the property doesn't use gas only electricity.

Shaztastic3000

csgohan4 said:

london21 said:

Likely have to wait for the engineer to come in because other options likely take longer. 

You should have insisted that there is electricity before you moved in. 

Realistically:

Future tenant: I want electricity before moving in

EA: Sure no problem, sign here and deposit please

Tenant: W.T.F where's my electricity

EA: You have to call the utility company, nothing to do with us, we told it was up to the tenant to do 

Tenant: but you told me it would be sorted before i moved in

EA: Sorry we do not have a record of this and it is not our remit nor written in the tenancy contract

Tenant: F.F.S... puts the phone down

If you send an email then there is a record. Sending emails is quite easy.

csgohan4

Shaztastic3000 said:

csgohan4 said:

london21 said:

Likely have to wait for the engineer to come in because other options likely take longer. 

You should have insisted that there is electricity before you moved in. 

Realistically:

Future tenant: I want electricity before moving in

EA: Sure no problem, sign here and deposit please

Tenant: W.T.F where's my electricity

EA: You have to call the utility company, nothing to do with us, we told it was up to the tenant to do 

Tenant: but you told me it would be sorted before i moved in

EA: Sorry we do not have a record of this and it is not our remit nor written in the tenancy contract

Tenant: F.F.S... puts the phone down

If you send an email then there is a record. Sending emails is quite easy.

likely OP didn't do that, OP can you confirm

In any case is an email a form of official contract or contact? Can you for example serve notice via email?  

If the tenancy contract does not state anything about electricity being enabled by the EA, not much you can do.

Also even if they tried to contact the utility company, can they put the the energy supply in the tenants name? or are they separate things?