How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I am a landlord property portfolio in Devon - EX12 2PP

Resolved Question:

I am a landlord for a property portfolio in Devon - EX12 2PP I have just relet a property with all services including an existing BT Phone Line. At the time the new tenant moved into the property BT/Openreach without any advice whatsoever physically cut the telephone line/wires connecting them to another property leaving me in breach of contract - what recourse do I have? Regards ***** *****

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether it was BT or the tenant that cut the line?
JACUSTOMER-abqu3ri4- :

As stated in my question - BT or Openreach cut the line and transfered the service to another property without any reference to me or my tenant.

Alex Watts :

Is it in your name or your tenants name?

JACUSTOMER-abqu3ri4- :

The service is to my property and is transfered to each te***** *****ge as requested by each tenant. In this case the line was cut by BT/Openreach and moved to another property before my t

JACUSTOMER-abqu3ri4- :

new tenant had time to make a formal request for the service to be changed to his name - this is how it has operated for the past 50 years!

JACUSTOMER-abqu3ri4- :

When a BT engineer was called in by my tenant he expressed complete surprise to find the line had been cut

JACUSTOMER-abqu3ri4- :

I am sorry I must retire .. I will proceed with this in the morning

JACUSTOMER-abqu3ri4- :

Good night

JACUSTOMER-abqu3ri4- :

Major R Haynes

Alex Watts : Ok. Had you an active service when it was cut?
JACUSTOMER-abqu3ri4- :

I am now able to address this matter once more – problem with my job I never know where I will be from one day to the next.­­­­

Quite prepared to have put £38 on the table for a brief direction in respect of BT’s action.

I am now able to provide more information:

Within my property portfolio I have a building with four flats – one on each floor.

A tenant moved from the top floor to the ground floor and I re-let the top floor.

My contract confirms all services/utilities namely Water, Electricity, Gas and Telephone Line as it has been for the past 50 years.

On this occasion the previous tenant of the Ground Floor Flat used a mobile and did not activate the Land Line so it lay dormant for about 12 months. Nothing unusual here.

When my tenant moved down to the Ground Floor she requested the telephone facility but instead of reinstating the service from the exchange the BT/Openreach engineer, without reference to anyone and whilst my new tenant was moving in to the flat, physically cut the service from the Top Flat and rewired it to the Ground Floor Flat – why? Because it was easy.

You will appreciate this puts me in breach of contract – I cannot believe any Service Provider can simply remove an existing service without due notice.

Your advice will be appreciated

Regards

Major R Haynes

Alex Watts :

Thank you for that. But are you paying BT for a service? I just need to know that>?

JACUSTOMER-abqu3ri4- :

No I do not pay for the service - the tenant pays for the service as used whether it be electric, gas or Phone

Alex Watts :

Ok. Was the tenant paying for the service when it was cut?

Alex Watts :

I need to know whether the service was current and being paid for when disconnected.

JACUSTOMER-abqu3ri4- :

Sadly you questions do not apply - with rented residential property the Landlord lets the property with all connected services which with the Agents advice pass from one tenant to another. The vacating tenant ceases to be responsible and the new tenant takes over.

Alex Watts :

Ok - so the service was LIVE when it was cut?

Alex Watts :

The question is this - if the service is NOT in your name, how would be able to take action?

JACUSTOMER-abqu3ri4- :

I 'hear' what you say but I simply do not accept that a service can be removed from a property with out due notice - if the gas or electric was cut off there would be a riot!

Alex Watts :

Yes. What it LIVE when it was cut?

JACUSTOMER-abqu3ri4- :

Yes the service was live

JACUSTOMER-abqu3ri4- :

Live but not changed over to the new tenant - only moving in that day

Alex Watts :

I think there is a case, but the difficulty is this - you can only claim for breach of contract if it was in your name.

Alex Watts :

You said that a tenant would be paying for this and in their na,e

Alex Watts :

* name *

Alex Watts :

This means any claim would have to be by the person paying for it, ie the tenant

Alex Watts :

What you can do is formally complain to BT

Alex Watts :

Their address is:

Alex Watts :

Customer Service Manager
BT Customer Correspondence Centre
Providence Row
Durham
DH98 1BT

Alex Watts :

They will investigate this for you, but make sure it is in writing

Alex Watts :

If that does not resolve it you can go to the Ombudsman.

Alex Watts :

They offer a free, independent service and can investigate your complaint for free

JACUSTOMER-abqu3ri4- :

I can see this is a grey area so I will go for BT by way of unreasonable action

Alex Watts :

Their website is: http://www.ombudsman-services.org/communications.html

Alex Watts :

For more information please see: http://www.btplc.com/Thegroup/RegulatoryandPublicaffairs/Codeofpractice/CustomerComplaintsCode/Complaints_code_of_practice.pdf

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-abqu3ri4- :

Many thank for your advice on such a grey area ... I think this is as far as 'we' can take it

Alex Watts :

Yes in law its hard. Only if you are paying for it yourself or have a contract can you sue for breach of contract.

Alex Watts :

A third party cant make a claim as such as they have no standing to do so

JACUSTOMER-abqu3ri4- :

Perhaps BT may have a moral conscience ... I should be so lucky! I wish you a good evening

Alex Watts :

Indeed. Can I clarify anything else for you?

JACUSTOMER-abqu3ri4- :

I do not think so at this point in time ... I appreciate your thinking

Alex Watts :

Happy to help

JACUSTOMER-abqu3ri4- :

We are of two disciplines .. engineer V Legal!!

Alex Watts :

If I could ask you to rate my service before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

JACUSTOMER-abqu3ri4- :

Will do ... By for now

JACUSTOMER-abqu3ri4- :

Will do .. By for now

Alex Watts :

Bye

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice