Turning Off Electricity Supply to Units of Non-Payers

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Is it legal for a management agent, (after serving notice in writing of the time periods involved) to turn off the electricity supply to units belonging to non-paying apartment owners in time periods of for example, between 10am and 1pm on Monday, Wednesday and Friday for a fortnight?

This refers to non-paying of the service charges owed to the management company.
 
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Non-paying of the electricity bill or non-paying of charges due to the management company.
 
Has to be non-payment of charges I reckon. Electricity supplier would be the only one who would know about arrears on the electricity bill.

I'm not sure on the legality, but the electricity distribution equipment where such isolation would be carried out isn't owned by the apartment owner. What does the lease say about the avenues open to the agent for non-payment of fees? Are they obliged to maintain services for non-payers?
 
The electricity company will hold you liable for any accident arising from your tenants trying to restore power.
 
https://www.irishtimes.com/news/higgins-backs-service-charge-ruling-1.1017958


U must check your lease.

I attach report of decision of the circuit court on 17 Oct 06 dismissing claim of Tyrellstown Number 4 Management Company for service charge arrears because under the LEASES it was the Developer/Lessor who was entitled to receipt of service charges until the common areas were transferred to the management company.

The common areas had not been transferred to the man.co.

The management companies claim was DISMISSED.

The MUD Act was passed on 1 4 11 obliging developer (as defined therein) to transfer the common areas to the OMC by 30 9 11 which did not relieve the developer from a continuing obligation to complete the estate in accordance with the planning permission (eg transfer public open space and site for social housing to the county council ) AND Building Regulations.

Neither has been done in many estate as banks appointed receiver and liquidators. That developer is insolvent bankrupt or in receiver ship is neither here nor there the question is who is entitled to invoice u for service charge AND what service charge can be levied under the MUD Act. .

The management company is not entitled to invoice for service and works that are the responsibility of the developer UNDER THE LEASE unless the developer has transferred the relevant part of the common areas to the management company S18.7 MUD Act even if under the lease the management company is entitled to receive the service charges.

CHECK YOUR LEASE. Is it developer/Lessor who is entitled to receipt of s charge until common area transferred to management company?
What service is the Lessor/Developer responsible for under the lease .. Insurance cost/ Professional Fees for accountancy legal, managing agents for management company cannot levy s charge for these expenses until common areas are transferred to the OMC and neither can the developer.

U have Managing AGENT ( not even the management company and certainly not the developer ) cutting of your electricity supply for non payment of service charge that may not even be owing and interfering with your contract with your electricity supplier .. unbelievable.
 
It's clear that in cases such as the above where the transfer hasn't been completed, the management co or agent have little authority. But unless the OP confirms this is the case here, let's stick to the topic of whether a management co. can shut off electricity supply, or other options open to them in the event of arrears.

It's not clear which side of this issue the OP has interest in.
 
Highly unusual. An omc generally does not own the electrical distribution system and would have little recourse to switch off.

Contact your provider and let them know that your supply is being interfered with on a regular basis.

Did they notify of this in writing?
 
lantus said:
n omc generally does not own the electrical distribution system and would have little recourse to switch off.
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ESB owns to the meter, from there to CU in the apartment would belong to the Management Co. I would have thought? Most leases call out that the apartment owner doesn't own anything that isn't inside their walls.

We still don't know if the OP is involved in a MC looking for options to deal with a non-paying member or they are that non-paying member.
 
Leo said:
ESB owns to the meter, from there to CU in the apartment would belong to the Management Co. I would have thought? Most leases call out that the apartment owner doesn't own anything that isn't inside their walls.

We still don't know if the OP is involved in a MC looking for options to deal with a non-paying member or they are that non-paying member.
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Well yes a cable in a wall assuming it's the reserved property is technically the omcs responsibility. I doubt they are tapping into these cables with switches for personal omc use!

Responsibility to maintain is very different from right to curtail, restrict or remove.

The lease may well provide some info on specific services.

I would say an omcs ability to remove essential services like gas, electric or Comms subject to service fee payment is highly questionable.

Again please confirm that your omc has provided written documentation stating they are doing this to you specifically for non payment of fees.
 
lantus said:
Well yes a cable in a wall assuming it's the reserved property is technically the omcs responsibility. I doubt they are tapping into these cables with switches for personal omc use!
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They'll be able to isolate at the meter in any larger development. In some developments, apartment owners have no access to this area.

lantus said:
I would say an omcs ability to remove essential services like gas, electric or Comms subject to service fee payment is highly questionable.
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I'd agree, just following this line to try establish what remedies are realistically open to OMCs to deal with non-payment and what's off the table.
 
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