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Electrabel and Electric Bills

Question

This information is provided simply to help other expats avoid a similar problem.
On April 20, 2013, I rented an apartment to a young man. He assured me that he would pay the rent promptly each month. He appeared to have a steady job and provided me with his business card and the brochure of a company of which he said he was the co-owner.
Together we took the meter readings and completed and signed the form for switching over the electric meter account to the tenant. He said that he would send in the completed form .
In October I discovered that the account was still in my name as I received a bill from Electrabel for electrical service. The bill was dated October 8, 2013. On October 11 I sent the bill to the tenant and requested that he pay the bill and that he send Electrabel the form changing the meter over to his name.
In November, 2013, I received a reminder from Electrabel that the bill had not yet been paid. A penalty for late payment had been added to the bill. I sent the reminder notice to the tenant and once more requested that he pay the bill and change the meter over to his name.
On November 17 I received another reminder that the bill had not yet been paid. I again forwarded this reminder on to the tenant.
The problem of late or non-payment of bills or rent went on for several months. Sometimes he was late with the rent and sometimes the rent was not paid. The reminders from Electrabel continued. I continued to send them to the tenant for payment.
In May he was already more than 1200 euros behind in either rent or monthly charges. At this point the amount overdue was still within the two months bank guarantee he had established when he took the apartment. I did not want to let the situation get to the point where if he moved out the guarantee would not cover the rent and charges owing. On May 23 I met with him and agreed that he could leave the apartment at the end of July, 2014. Breaking the lease after one year would normally require that the tenant pay a penalty of two month’s rent. I agreed to let him break the lease without penalty as I was more interested in getting a tenant into the apartment who could pay his bills and rent promptly.
Near the end of July we met and he did pay all of the rent and all of the charges owing. We made an appointment to go through the apartment together to close off the “etat de lieu”. He did not show up for the appointment. Fortunately there were only some relatively minor damages. Happy that I had received all of the rent due, I decided to sacrifice any claim for these costs. It must be said that all through the previous year we had been on good terms. This continued until our final meeting at which he paid the overdue rent and charges.
The electric bill however was still unpaid. I gave him two more bills and/or reminders in June he said he would pay them both.
In the months prior to and after the date on which he left the apartment I had several conversations with representatives at Electrabel . I was concerned that I would have to pay the electric bill but was assured on at least four occasions that this was not the case. On July 8, for example, I was told that they would use a company which specializes in debt collection to collect it from the tenant. On July 28 I spoke to Electrabel once more to give them the meter reading on the day the tenant moved out. They confirmed once more that I would not be responsible for the bill as the tenant had signed a lease. (The lease was registered). I also gave them the new address the tenant was moving to. On one of these occasions I asked for person’s name at Electrabel who had told me I would not be responsible for the bill. This person identified himself as Mr. Frank Belmans
I had also asked in a previous conversation with a representative at Electrabel why the service was not cut off. The person replied that they never do that as lots of people are late in paying their bills. I pointed out that I was the person on the contract and could make this request to cut off the service. This did not seem to matter. But she did confirm once more that I would not be responsible for the bill. (She did not advise me that Electrabel could not shut off the meter. Only Sibelga can do this. See note below)
On September 9, 2014, a representative of Electrabel called me and advised me that I would be responsible for paying the electric bill. I advised her of the several conversations I had already had with Electrabel and that I had been advised on several occasions that I would not be responsible for the bills. I also suggested that she listen to the taped conversations on which I had been told this. On the same day I wrote Electrabel asking for a copy of the transcripts of the conversations I had had with Electrabel on May 26, May 28, July 8, and August 27. In particular I requested the transcript of the conversation with Mr. Frank Belmans. I received a reply to this letter on September 26 advising me that they cannot provide copies of such records.
On November 17, 2014, I received a letter from the “Huisser de Justice” advising me that if I did not pay the bill they would proceed to collect the money via the courts. At this point I consulted a lawyer who advised me to pay the bill myself to avoid further charges. He also wrote to the tenant at his new address in an attempt to collect the money. The letters were sent registered mail but were returned as “not accepted”. The lawyer also advised me that it would be a costly process to try to collect the money and that it would probably cost more than the amount of the bill. By this time the bill, with late payment penalties, amounted to just over 400 euros. By this time it had become more a matter of principle than of money and I was tempted to ask the lawyer to proceed to the courts with the matter. So far I have resisted this.
Much more recently (while writing this) history I decided once more to contact Electrabel. In the ensuing conversation I discovered something new. I mentioned that I had previously requested that Electrabel shut off the meter but I was told in this most recent conversation that Electrabel cannot do this. The meter is owned by another company, Sibelga. To have the meter turned off I should have contacted Sibelga. It is unfortunate that in all of the previous conversations with Electrabel no one mentioned this. Otherwise I could have had the electricity turned off. I was also told that when a meter is changed from one name to another that both parties are responsible for sending in the request for change. Having had several tenants in the past this was entirely new to me. Previously only one of us has sent in the papers requesting a change in the account.
I realize that part of the problem is my own fault. I trusted the tenant to send in the form to change the account to his name. This trust was misplaced. I also should have informed myself on how to go about closing off the meter. Finally, I should have done everything with Electrabel in writing. What lessons have I learned that might help other expats?
1. If you are a landlord do not trust the tenant to send in the papers to transfer the account to any utility company. Ask for a copy of his/her ID card and send the completed papers in yourself.
2. If you are in this kind of situation do everything in writing.
3. Electrabel is not a company I can trust and I will never use their services again. They clearly misinformed me on several occasions and later on declined to take any responsibility for this misinformation.

Isabella

Thank you for posting this. There are good tenants and bad tenants as there are good landlords and bad landlords. I hope all the blood sucking landlords who read your post can now start appreciating more good tenants.

Jun 5, 2015 21:55
R

Being a landlord is a business and you should never allow a teneant to get away to what he did to you. You need to be inflexible and ensure that the contract is respected on both sides all the time, as you have obligations too.

I recommend you to subscribe to the Landlord association that can provide help when situations like you described arise.

And most important there are Juge de Paix that can sort out legal issues between landlords and tenants. You found out how inefficient and pointless is to take matters in your own hand and deal with Electrabel, Sibelgas, tenants and other associations,

Anyway you should always state in your contract that the rent should be paid on the 1st day of the month by direct debit. If you don't get it by the 5th you send a mail or sms. You don't get it by the 15th you send a Mise en Demeure by registered letter. One month and one day passed you go to the Juge de Paix.

Isabella, you keep posting your nasty comments about landlords but I can tell you few stories about wonderful tenants....

Jun 5, 2015 22:29
kasseistamper

I sympathise with your experience and I know from the experiences of family members who own property that tenants can be just as appalling as landlords - perhaps it is bitter experience which makes some landlords appalling!
However, your post is about Electrabel and what has happened there is entirely your own fault. You got a signature from your tenant on a document and then gave him the document back! What were you thinking of? It was your only proof that he had agree to take responsibility for the electric bills and, without it, Electrabel quite rightly continued to bill you.

Jun 6, 2015 10:20
Isabella

@R Did you read what I wrote? If not, since you follow my posts passionately
make sure you read them carefully ;-)

Jun 6, 2015 17:33
CC_R

Hi Isabella can't you persue this person in the small claims court yourself with out a lawyer? Also as a previous UK landlord I always ensured that I personally contacted the utility suppliers to change over the meter between letting , you say this person signed the form so what a pity you didn't do that. Experience has taught me references don't mean a thing they will wreck your house and leave you to pick up the pieces in some cases. Never trust a tenant because until they prove themselves you don't have any idea.
What I don't understand is why did you not go back to the tenant and demand they sign another form and post it off whilst they were living there? After all Electrabel only have your word that the rental charges didn't include electricity and it was supplied not their fault your tenant was not good. Also the help desks at these places will say anything I always write as well as call so I have a written response to prove what I was told. My guess is this person knew the regulations and deliberately didn't pay knowing they wouldn't foot the bill. Well I guess you will be more careful in the future sad to say some tenants are truly awful better luck next time.,

Jun 8, 2015 23:53
CC_R

Hi Bruce well can't you take this to small claims yourself no lawyer? Personally never trust a tenant until they are proven, why on earth didn't you get a new form signed during the tenancy and send it in to electrabell? Also never trust anything a help desk says unless they write to you to confirm it. May be worth writing to test achat and asking for advice and also complaining to Electrabel in writing to demand to know why the helpline told you incorrect information. I suspect many of these staff aren't full time employee certainly true of proximus. Try joining Twitter and start tweeting about the use #badservice and #electrabel in your tweet. Better luck next time

Jun 9, 2015 00:01
CC_R

Sorry for wrong name and repost but it vanished now it's back

Jun 9, 2015 00:01
Bruce M

Thank you all for your comments. As I already indicated in the original post I accept responsibility for not sending in the papers to transfer the meter to the tenant’s name. I trusted the tenant and he did not do what he said he would do. He was not a good tenant, but to balance this off I have had many good tenants. In almost every case we have parted on good terms with the tenant getting his full deposit back.
As mentioned in the original post I was on good terms with this tenant and we used to have coffee together occasionally. I actually felt sorry for him as I knew he was going through some difficult financial times.
Although I would have preferred that the tenant pay the bills for electricity, my real quarrel was with Electrabel. Electrabel told me on at least four occasions that I would not be responsible for the bill. On one occasion I was told that they have a service which follows up with cases of unpaid bills and that that is what would happen in this case. Because of such assurance I was not as concerned as I should have been. But, 20/20 hindsight is a wonderful thing.
In addition to providing misinformation they also did not volunteer good information which they obviously had. On one occasion when I requested that the electricity be cut off they told me that they never do that as many clients are late in paying their bills. What they did not tell me is that they CANNOT cut off someone’s service. As they informed me in a much more recent conversation only Sibelga can shut off the service as they own the meter. If in answer to my request that they cut off the service they had told me that I would have to call Sibelga to have that done I would have done so. Instead they misled me (deliberately or not) by saying that they don’t do that because many people are late in paying their bills. There is a not-so-subtle difference.
What I am really surprised at is the apparent lack of concern that Electrabel has for customers. There are five different companies in Belgium supplying electricity and gas. The product they are supplying is exactly the same and clients are free to choose which company to purchase gas or electricity from and/or to switch from one company to another. Without any product differentiation it would appear that the only difference is in customer service. In dealing numerous times with Electrabel this customer service seems totally lacking. Another lesson learned.

Jun 9, 2015 09:46
R

Bruce what you could do in the interim period when your property remain empty is to take over the contract yourself and request a fee for Maison Vide (empty house). Basically Electrabel doesn't cut your electricity but only provide the minimum service guaranteed by law. In theory you can switch on a couple of lights bulbs to show around and have a running fridge. If your future tenants wants to have the full use of electricity he needs to take over the contract and increase the KWH allowed. A good trick to ensure what happened to you doesn't happen again.

For certain things I also learnt the hard way...

Jun 9, 2015 14:57
Bruce M

R. Thank you for the suggestion. This all happened some time ago and the disagreement with Electrabel has gone on for some time. The apartment is now rented.

Jun 9, 2015 16:06