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 Problematic Tenant, Tenant missing leaving behind hefty Bill

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Phyarc
post May 28 2021, 12:38 PM

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Cost and time involved to recover may put you off.
First off, court will only grant judgement in default if the summon is received by the defendant, yet now you do not know where they stay. Even if you know, recipient may say no such person staying there...then what you gonna do...
But if you are determined, there is possibility to recover something.

Blocking tenant's access during their tenancy, unless provided in your tenancy agreement, may be illegal. Check that you are not in default or else tenant have reason to fight your breach, if they want to.

Can consider changing TNB bill to tenant's name before renting out next.
Then tenant will be responsible for paying the bills directly to TNB and for arrears thereof.
If not mistaken landlord can apply online via TNB online.

Phyarc
post May 29 2021, 08:35 AM

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QUOTE(mini orchard @ May 29 2021, 05:09 AM)
The CONTRACT LAW is very clear that the parties to contract is fully responsible to all the terms.

And I DIDNT say that the Landlord is responsible for Tenant arrears/contract.

TNB WILL continue to recover the arrears from the tenant through whatever means.

What I said is that IF the Landlord wants a reconnection, he needs to settle the arrears on behalf and recover the arrears from the Tenant. Otherwise, just leave the property vacant until the arrears are settle.

The Landlord has given FULL AUTHORITY to the Tenant to apply electricity supply to TNB via the Tenancy Agreement (CONTRACT LAW)

When the Tenant opens an account with TNB,  the previous contract between the Landlord and TNB is AUTOMATICALLY terminated.

If Landlord is NOT the CONTRACTED user, how can he then has the legal authority to instruct TNB to disconnect electricity or close account or reconnection, albeit he is the owner ? (CONTRACT LAW)

Just telling TNB that Tenant breached TA or abandoned the property is NOT a good reason for a reconnection. TNB wouldnt know the problem between Landlord and Tenant. All they know is an arrear of payment on the property.

If at all TNB does a new connection, it is done on humantarian/personal/political reason, but I doubt it will unless with higher up instruction.

Residential arrears is just small arrears. What about commercial and industrial ? It can run to hundreds of thousands to millions. One is only seeing a minor part of the overall debts of TNB for the country.

If what you said is correct, TNB can never be able to sustain operations as a going concern. No company can survive another day without collecting their debts and continue to provide service.

Landlord cannot continue to profit at the expense of TNB.

In TNB Faqs, TNB will adivise Landlord to let Tenant open account and be responsible for the arrears. BUT they didnt mention about new connnection if the arrears are not paid by the Tenant.

THOSE WHO COME TO COURT TO SEEK JUSTICE MUST COME WITH CLEAN HAND.

Talking about CONTRACT LAW......

And ... Landlord can be a party to the scam !
I welcome any rebuttal but please dont just quote CONTRACT LAW. The topic is so wide ranging from offer to acceptance,  misrepresentation, void and voidable contracts, capacity to contract, consideration, certainty, fraud, etc.
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Well explained.

Notwithstanding Utility Account under tenant and contract law, has TNB ever or any possibility they still seek payment for outstanding bill from the landlord? Big corporation is also a business seeking profit afterall and sometimes a bully also.

I checked the landlord insurance, it covers damage by tenant, rental default/loss, legal fees but unfortunately not utility bill payment. Unless it can be custom written.
Phyarc
post May 29 2021, 11:06 PM

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QUOTE(SureshG @ May 29 2021, 10:30 PM)
If the tenant has left, it's a simple process to just change the name back to you and move on. Regardless of what the arrears are.

If the tenant has not left, then you need to follow the full legal means of getting the tenant out. Thta's an eviction process - regardless of whose name the account is on. Nett nett - change the bill to your tenant.
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Need to change meter every time change name?

If meter always in landlord's name, taking meter reading (on same meter) upon moving in/out would be clear cut on bill split.

Which reminds me, i had seen rental properties with submeters within 1 apartment, as they rent room by room. any comment on that?

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Phyarc
post Jun 1 2021, 05:33 PM

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Policy is only good if people follow it or implemented accordingly.
Perhaps it was generally followed save for a few cases or due to certain TNB head want to show KPI. So it may not be so straightforward.
Anyhow if it really happen then need to rotan TNB - report to Suruhanjaya Tenaga or the relevant ministry.

 

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