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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 ***** *****
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.
Is it in your name or your tenants name?
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
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!
When a BT engineer was called in by my tenant he expressed complete surprise to find the line had been cut
I am sorry I must retire .. I will proceed with this in the morning
Major R Haynes
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
Thank you for that. But are you paying BT for a service? I just need to know that>?
No I do not pay for the service - the tenant pays for the service as used whether it be electric, gas or Phone
Ok. Was the tenant paying for the service when it was cut?
I need to know whether the service was current and being paid for when disconnected.
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.
Ok - so the service was LIVE when it was cut?
The question is this - if the service is NOT in your name, how would be able to take action?
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!
Yes. What it LIVE when it was cut?
Yes the service was live
Live but not changed over to the new tenant - only moving in that day
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.
You said that a tenant would be paying for this and in their na,e
* name *
This means any claim would have to be by the person paying for it, ie the tenant
What you can do is formally complain to BT
Their address is:
Customer Service ManagerBT Customer Correspondence CentreProvidence RowDurhamDH98 1BT
They will investigate this for you, but make sure it is in writing
If that does not resolve it you can go to the Ombudsman.
They offer a free, independent service and can investigate your complaint for free
I can see this is a grey area so I will go for BT by way of unreasonable action
Their website is: http://www.ombudsman-services.org/communications.html
For more information please see: http://www.btplc.com/Thegroup/RegulatoryandPublicaffairs/Codeofpractice/CustomerComplaintsCode/Complaints_code_of_practice.pdf
Can I clarify anything for you about this today please?
Many thank for your advice on such a grey area ... I think this is as far as 'we' can take it
Yes in law its hard. Only if you are paying for it yourself or have a contract can you sue for breach of contract.
A third party cant make a claim as such as they have no standing to do so
Perhaps BT may have a moral conscience ... I should be so lucky! I wish you a good evening
Indeed. Can I clarify anything else for you?
I do not think so at this point in time ... I appreciate your thinking
Happy to help
We are of two disciplines .. engineer V Legal!!
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Will do ... By for now
Will do .. By for now