Residential Tenant - ESB Disconnection

L

Limerick17

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Can someone advise please? What is the situation for Landlords if a residential tenant is disconnected by the ESB and looks like he has no way of paying the (very large bill). Account is in the tenant's name and there is a smart meter installed. Can the tenant remain in the property if there is no power? Does the LL have an obligation to let him stay or ask him to leave? It's a family member who is the LL but I think the rent payments have also stopped.
Thanks in advance
 
The fact that you are asking the question and not the LL speaks volumes.
They need to get onto a Solicitor specialising in this area, notice of terminations etc and start the process to get them out.
Under no circumstances should your relative attempt thus paperwork themselves as I feel they may not be up to it....not a slight by the way, I'd employ a solicitor myself as to much room for error which would in turn significantly delay getting these tenants out.
 
Family member of mine. Bit of a legal minefield alright. Tenant is a decent guy who unfortunately has screwed up.
 
It's an expensive business getting reconnected to the ESB network and can take months.

Speak to a solicitor and discuss giving this chap go away money...maybe a few grand just to get him to go. If he's not paid the electric then he has likely not looked after the place either and may leave a bit of repairs in his wake. Ask to inspect the property (giving a notice period). Please do this by text so there is a record of it. Please keep all records of communication with this tenant as you may need them later....speak to a solicitor ASAP.

I suspect this non payment of rent has gone addressed for quite a while. Time to get your relative to take action.
 
Thanks Persia.
He's actually been paying the rent but owes the ESB a large sum now. Family member is worried that rent will go out the door while he trys to get up to date with the ESB.
 
The tenant also needs to engage with his electricity supplier. This could be any supplier and not necessarily connected to ESB. He needs to come to some arrangement with supplier to get reconnected and clear the debt. Most tenants will have already paid a small deposit to supplier before connection, this may help a little
 
Apologies re the mixed message above. Tenant had not paid on time this month hence my first post. Spoke to family member after I posted here and was informed he actually lodged the rent this morning. Poor guy is stressed out. Thanks for the honest and rapid responses.
 
I think the landlord should pay ESB Networks directly to have the electricity reconnected. It’s directly in the landlord’s interests long term.

Back to the tenant, if there is no electricity there is no way he is able to fulfil his obligations to maintain the property. Central heating cannot work without electricity for example.

It is reasonable grounds to give a notice of termination on this basis.

More generally, it is a lot of work to actually have your power disconnected in this country. If a tenant has let it get so bad he is almost certainly a chaotic person and not likely to be a good tenant.
 
Dr Strangelove said:
I would not ever offer “going away money” in writing!
Click to expand...

I did preface it by saying speak to a solicitor about offering going away money...solicitor can advise if good or bad idea and how to approach it....certainly be a bad idea to approach any aspect of this mess without a decent experienced solicitor advising.

Persia said:
Speak to a solicitor and discuss giving this chap go away money...
Click to expand...
 
Persia said:
solicitor can advise if good or bad idea and how to approach it
Click to expand...
A solicitor would tell you that such a contract would not be taken seriously by the RTB or a court of law and is unenforceable.

Whether or not it is a good idea is more down to common sense and is not really a legal matter. Landlord should weigh up the upfront cost of paying off a tenant to leave against the long run costs of having a bad tenant in place. And of course the likelihood that the tenant will renege on the deal.

A few years ago I gave my tenants notice to vacate as I was planning to occupy the house myself. They were completely cooperative and in fact left the house a little early. But if they had dug their heels in and said they couldn’t vacate I would have attempted to pay them off. I had nowhere else to live and it would’ve taken a year to get anything out of the RTB.
 
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Reconnection is quick and easy.

Only if it has been disconnected for over 2 years will it require certification.

ESB will enter into a payment plan and at the same time install a prepayment meter.

If they paid on time they'd be able to get 30% discount and I suspect that they have been paying non discounted rates for a long time and not understanding how to reduce usage.

If they are a decent tenant, I suggest working with them to reduce use and enter a payment plan.
 

Less than 2 years | ESB Networks

www.esbnetworks.ie


It’s not 2 years, it’s 6 months after which a wiring cert is needed. I had experience of ESB Networks on a meter that was disconnected 6m and 3 days, oh yeah absolutely no flexibility on the 3 days, “it needs a cert” is all they kept saying
They’re a bloody nightmare to deal with
 
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