# ESB cut off what are implciations for landlord? House in RAS scheme.



## smurf (16 Nov 2012)

I was notified by ESB that a tenent ESB has been cut off. 
The rent is paid as the property is in the RAS scheme. 

What are the implcications of this from the landlords perspective?
TA


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## oldnick (16 Nov 2012)

In whose name is the ESB acct?

From my experience -and I know other LLs have slightly different experiences- if bill in tenants name then there's no problem. You owe nothing and can have it switched to your name and,  when new tenant comes, in their name.

 If it's in your name then you must pay, inc. reconnection.
Having said that, a LL friend of mine who had supply in her name cut off begged and pleaded and ESB relented. Mind you, she did tell them that she'd go to another supply company if they played hardball.


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## smurf (16 Nov 2012)

Its in Tenannts name 
I am just wondering, I still get rent what are the downsides 
eg candle usage fire hazard 
Storage heating (no heating ) house deterioration

Very quite tenent (suspect he uses house intermittently - his situation might have change .... 
any thoughts


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## facetious (16 Nov 2012)

Advise, in writing, the the local authority who is paying the rent that the ESB is in the tenant's name but that the ESB have notified you that the electric has been cut off.


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## Time (16 Nov 2012)

It is hardly any of their business to be perfectly honest.

If the tenant wants to live in the dark so be it.


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## oldnick (16 Nov 2012)

If OP informs local authority they may stop payment as tenant is not really living there. 
Come to think of it is there any proof that tenant is staying there at all? Maybe he's gone - or dead in bed.


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## ajapale (16 Nov 2012)

Time said:


> It is hardly any of their business.



Surely the local authority is obliged to ensure that public funds (RAS scheme) are properly accounted for? and to discharge its responsibilities as housing authority for the area?

Do you suspect that the tenant is simply using the house as an "accommodation address". Do you suspect fraud on the part of the tenant?

Is the LL's house properly insured for a house with the electricity cut off?


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## corkrebel (21 Nov 2012)

If the electricity supply is disconnected for 6 months or more and you or a new tenant apply for the supply to be re connected you or the tenant will have to supply a wiring cert confirming that the wiring and electrical circuitry is ok, dont know the cost of an electrician nowadays but bear it in mind. I cant remember exactly but I think I read in the past that if its disconnected for maybe 2 years ESB Networks will treat it as a new connection and charge you accordingly


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## Dermot (21 Nov 2012)

The Esb charge in your case will be 80 euro plus whatever your electrician charges for the cert. As a matter of interest let us know what your electrician charges.


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## Time (21 Nov 2012)

200 minimum for a cert plus 100 reconnection charge.


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## smurf (3 Dec 2012)

update to this situation 

I have informed the cc of the situation 
I am concerned regarding a number of factors 

1. High risk of Water leaks and damages as no heat (storage heaters are used in house) 
2. Increased risk of fire as potential use of candles for lighting

3. I believe the houses are rendered uninsured if there is no electricity in place

4. I have tried to communicate to residents by text / phone but get no response.  

I  have never experienced such a situation as I am very responsive to the  tenants if there is ever a house issue ..... but this is a conractual  isssue between the utility company and the individual not the house  owner.  

I have asked the cc what protocols are in place for this as I believe its untenable that  this situation persists and that notice resoulution needs to issued 

I will need to read the contract ...  but as I understand the cc have rented the hosue from me for 3 yrs -- hard to see if teh esb is not being paid that this would stop becouse of that any the risk of house fire / decay is of higher concern that non payment of rent 

any more thoughts?


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## oldnick (3 Dec 2012)

After 3 weeks of no electricity and you trying to contact the tenant I assume by now you have entered the property to ensure all is O.K. with both the property and the tenant ? 

I'd write everything that you've done trying to contact the tenant -perhaps your mobile still has records of attempted calls and texts. 
Strictly speaking you should give reasonable notice before entering but i think even Facetious, our expert on LL-tenancy regulations, would agree you have now the right to enter.

It could be that he is on a long trip, sick or even dead  which I feel is more likely than he's living there using candles. Whilst not using heating is not great for a house in Winter  at least you can't complain of too much wear and tear !

i wonder if informing the cc may cause them to cease rental payments.


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## facetious (3 Dec 2012)

I agree, oldnick - after three weeks with no response from the tenant, you could class this as an emergency - you want to verify that there is no damage to the property as regards water leaks, freezing pipes etc and to ensure that the tenant is not dead in the property (possibly due to cold in the property because there is no electricity.

I am not "au fait" as regards the RAS scheme, but it may be worth writing to the cc and pointing out that they may be liable for any damage to the property should a pipe burst due to lack of heating within the property.

Just a suggestion!!


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## AlbacoreA (3 Dec 2012)

The tenant is obliged to "Keep the property in good order"

Not heating a property may cause damage in itself.


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## smurf (27 Mar 2013)

I at the point of issuing notice to vacate (NO ESB reconnected)  ............. If I thought there was a genuine risk that the tenant might damage property can I take possession of Property immediately

 Smurf


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## AlbacoreA (27 Mar 2013)

by can I assume you mean is it legal. That depends if they've left. 

The legal process is here...

http://www.citizensinformation.ie/e...tes_between_landlords_and_tenants.html#l3afa0

Risk of Damage doesn't seem to enter in it.


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## smurf (27 Mar 2013)

He has not left .... happy to be there with no ESB .... he seems to come and go away to sisters for short periods.  
I am issuing notice to vacate 
Its during one periods liek now when he is with sister that I wonder can I enter to protect property -- i fear he may damage


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## AlbacoreA (27 Mar 2013)

Tread carefully. 

http://www.threshold.ie/advice/ending-a-tenancy/termination-of-a-tenancy-by-a-landlord/

"behaviour that is threatening to the fabric of the dwelling." seems apt?


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## Time (27 Mar 2013)

Is he paying this rent?


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## AlbacoreA (27 Mar 2013)

RAS scheme is paying for it (1st post)


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## Bronte (28 Mar 2013)

AlbacoreA said:


> RAS scheme is paying for it (1st post)


 
What would be really important to know is whether under the RAS scheme the county council are liable for any damage done by a tenant.  While not ideal if this were the situation then the landlord actually doesn't have any issue.  

I've never ever heard that no ESB makes the house insurance voidable.  OP is this actually in your policy?


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## AlbacoreA (28 Mar 2013)

I would be extremely surprised in the council were liable.


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## Dermot (28 Mar 2013)

The standard clause in a RAS lease is that the council limit their exposure to damage caused by a tenant beyond fair wear and tear to one months rent. In relation to the electricity if the Co. Co were aware that there is no electricity connected to the house they would stop paying the landlord as the house would not be complying with rental standard regulations


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## Bronte (29 Mar 2013)

I bet Dermot they wouldn't stop the rent as then they'd have to deal with the tenant.


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## smurf (11 Apr 2013)

I have issued the notice to vacate ... will keep you posted on electrician cost etc 

thanks smurf


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## Time (11 Apr 2013)

Expect him to tie you up in the legal system for years.


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## smurf (11 Jun 2013)

1. tenant vacated after notice period -- no hassles thankfully 

looking to reconnect electricity -- need wiring cert any ideas of costs


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## Bronte (11 Jun 2013)

smurf said:


> looking to reconnect electricity -- need wiring cert any ideas of costs


 
Well done on the smoothness of tenant leaving. 

What is a wiring certificate and why do you need it?


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## Dermot (11 Jun 2013)

You need a Certificate from an electrician when the ESB is disconnected over a certain period. I think if it is over a month but not absolutely sure.  It could cost about €200 plus a reconnection fee to ESB


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## Time (11 Jun 2013)

It is 6 months and most will issue a cert for between 50 to 100 euro if no work is needed.


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