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Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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energy landlord is responsible liable for

Customer Question

energy landlord is responsible for or liable for costs when a commercial lease has been terminated utill it is relet
Submitted: 2 years ago.
Category: Property Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I clarify are you a landlord or tenant here please?Is the energy company claiming landlord is responsible for unpaid tenants costs or for energy used during any void period?
Customer: replied 2 years ago.

q1.landlord q2 energy void period

Expert:  Joshua replied 2 years ago.
Thank you. Energy supplies are charged by way of establishing a contract. Normally this will be by way of an occupier contacting an energy supplier and asking them to supply energy at a given price and either agreeing the contract by signing something or more commonly by confirming on the phone. However a new occupier takes occupation under a lease or tenancy or a landlord takes the reversion of the premises back when a lease comes to an end energy legislation provides for something known as a "deemed supply" i.e. supply of energy where that new occupier or landlord reversioner (you) has not signed up with any energy supplier. This deemed supply allows an energy company who supplies the premises to establish a deemed contract with the occupier or if empty, landlord to enable them to charge for units used during that period at their deemed supply rate (usually quite a bit higher than their contract units). That is the legal basis of the charges and so the position is unfortunately that a landlord is responsible for energy costs under the deemed supply rate until either the landlord signs up with a energy supplier (which is unlikely to be sensible if it is intended to let out the premises again) or a new tenant takes a lease or tenancy for the premises at this time they will become liable under a deemed supply. Of course you are only liable for energy used from the date the tenant vacated and for this reason it is always sensible to take readings and notify the energy company to ensure that you are not charged for any energy that the tenant actually used. Does the above answer all your questions or is there anything I can clarify or help you with any further?
Expert:  Joshua replied 2 years ago.
I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.