Subscription Not Given Due to Former Tenant's Debt

When applying for an electricity subscription for a newly moved home or workplace, you may encounter unpaid bills from the previous tenant. In some cases, the electricity company may ask for these debts to be paid or may inform you that a new subscription cannot be opened until the debt is paid off.

However, as a rule, the electricity debt of the former tenant belongs to the party of the subscription agreement that created the debt, not to the real estate. It is not legal to make the new tenant pay the debt remaining from the previous tenant or to reject the new subscription application solely because of this debt.

Does the Electricity Debt of the Old Tenant Bind the New Tenant?

The old tenant's electricity debt does not bind the new tenant. The debt arising from electricity consumption must be collected from the person who made the subscription agreement and uses the electricity.

The fact that the new tenant lives or operates at the same address is not enough to be held responsible for the debts of the previous consumer. The fact that the address is the same does not turn the subscription debt into a debt related to the real estate.

Can the Electricity Company Not Provide Subscription Due to Old Debt?

According to the Electricity Market Consumer Services Regulation, if there is an unpaid debt of the previous consumer, this debt will first be transferred to the former consumer's insurance company. is covered by the cost. If the security fee does not cover the entire debt, the remaining amount is collected from the former consumer.

If the new applicant provides the necessary information and conditions, a new retail sales contract must be established with him/her. Payment of the old debt by the new tenant cannot be claimed as a general condition for opening a subscription.

In the decisions of the Supreme Court, the previous subscriber's consumption debts cannot be charged to the person requesting a new subscription and the application for electricity subscription cannot be made on the grounds of old debts. It is stated that it cannot be reversed.

What Does the New Tenant Have to Show for Subscription?

The new tenant cannot be asked to pay the old debt. However, the applicant may need to prove that he has the right to use the real estate and that he is a different person from the previous consumer.

Within the scope of the Regulation, the applicant cannot be asked for a "no debt" certificate showing that he/she did not have any electricity debts at the previous place of use. In addition, the documents in the system of the responsible supply company and distribution company should not be requested again from the consumer.

Can Special Documents Be Requested for Workplace Subscriptions?

Some additional checks may be made on real estate used as workplaces. If there is a normal consumption debt or illegal electricity debt of the previous consumer at the address where the application is made, the new operator can open a workplace arranged in his name. A license or another permit related to the field of activity may be requested.

The purpose of this regulation is not to impose the old debt on the new operator. The aim is to determine whether the actual user of the workplace has changed. Even though the necessary license and usage documents are submitted, it may be against the law not to grant a subscription based solely on the debt of the old business.

What Happens If the Former Tenant Left Without Closing His Subscription?

The fact that the previous tenant left the property without closing his subscription does not mean that the new tenant cannot receive a subscription at all. In this case, the assigned supply company may ask the new applicant to show that he has the right to use the real estate.

It can be demonstrated that the actual user has changed by presenting the rental agreement, real estate delivery report and other documents showing the date of move-in. The company may terminate the old contract and perform the subscription on behalf of the new user.

However, if the old subscriber certifies that he continues to use the real estate, termination of the new contract may be on the agenda. For this reason, subscription applications should not be made with an inaccurate rental agreement or usage statement.

What is the Allegation of Collusion or Organic Ties?

The electric company may argue that the new applicant is actually the same person as the old user or that they have a relationship aimed at avoiding debt. ir. This is especially the case when similar commercial activities are carried out in the same workplace, the company partners are the same, or the business is only apparently transferred to another person. It comes to the agenda in case of death.

However, doing a similar job at the same address or being related to people may not necessarily indicate collusion. The company must prove with concrete evidence that the new applicant is the continuation of the old debtor business.

At this stage, the lease agreement, tax registration, license, company partnership structure, workplace transfer documents and the start date of operation, which show that the new tenant is independent from the previous user, are included. It is important.

What Should Be Done If a Subscription Application Is Rejected?

1. The application must be recorded. Verbal application should not be sufficient; Application number, date and delivery document must be obtained.
2. Written rejection justification must be requested. It should be clearly asked which debt or missing document the subscription was not opened for.
3. Documents showing the right to use must be submitted. The rental agreement, delivery report and, if necessary, license must be attached to the application.
4. A written objection must be made to the supply company. It should be noted that the old debt does not belong to the new tenant and the subscription application must be finalized.
5. EMRA application should be evaluated. If no results are obtained from the company application, a complaint can be made to EMRA with records and documents.
6. Legal action should be taken depending on the nature of the dispute. Consumer arbitration committee, mediation or lawsuit options should be evaluated according to the concrete case.

Supply companies are responsible for creating complaint channels that consumers can follow and finalizing the requests submitted to them, as a rule, within 15 business days. is obliged. If the application is left unanswered, application records can be used as evidence in subsequent legal processes.

Can Consumers Apply to the Arbitration Committee?

In residential subscriptions where electricity is used for residential and personal needs, the dispute may be in the nature of a consumer transaction. In this case, if the dispute value is below the valid monetary limit on the application date, an application to the consumer arbitration committee may be on the agenda.

In consumer disputes over the monetary limit, an application can be made to the consumer court after the mediation process. In places where there is no consumer court, the civil court of first instance may hear the case as a consumer court.

The court in charge of subscriptions made for workplace and commercial activity may vary depending on whether the parties are merchants or not and the commercial nature of the dispute. For this reason, filing a lawsuit directly without determining the competent court may cause loss of procedural time.

Can a lawsuit be filed for subscription facilities?

If the subscription request is rejected on the grounds of the former tenant's debt despite the submission of the necessary documents, a lawsuit can be filed to resolve the dispute that prevents the establishment of the subscription. opening can be evaluated. In practice, such requests can be put forward as "removing the dispute" or "preventing the dispute".

During the lawsuit, it must be revealed that the applicant is not a party to the old debt, from what date he/she has used the real estate and that there is no collusive relationship with the former user. If the power outage seriously affects residential life or commercial activity, requesting temporary legal protection may also be considered.

Issues regarding the delivery of the real estate, the rental relationship and the actual right of use are also real estate law can be examined within the scope of Mandatory or optional before filing a lawsuit mediation It should also be checked whether the conditions are met.

Can I Continue to Use Electricity Without Opening a Subscription?

It is not right to continue using electricity through the old tenant's subscription. Despite the change of the subscription owner, the new user's failure to conclude a contract in his/her own name may lead to a claim of irregular electricity use, depending on the characteristics of the case.

Turning on the cut-off electricity without the permission of the company, using non-meter lines or intervening in the measurement system can lead to illegal electricity transactions and walking. It may lead to high consistent accruals. Even if the subscription application is rejected, personal intervention in the electrical system should not be made.

Why is a Written Rejection Response Important in Subscription Application?

If the subscription request is not accepted, learning the reason only verbally may make subsequent applications difficult. Requesting a written response from the company including the date, application number and reason for rejection ensures that the dispute becomes concrete. This document helps clearly show what action is being discussed in the consumer application or litigation.

Frequently Asked Questions About Former Tenant's Debt

Does the landlord have to pay the former tenant's electricity debt?

If the electricity subscription is established in the name of the former tenant and the consumption is made by the tenant, the debt, as a rule, belongs to the former tenant. Just because the landlord owns the property does not automatically make him or her a debtor.

Can old electricity bills be requested from the new tenant?

No. If the new tenant is a different person from the old consumer, he/she cannot be asked to pay the electricity bills for the previous period.

If the old tenant has not closed their subscription, will a new subscription be opened?

If the new tenant can show the right to use the real estate, it is possible to close the old contract and establish a new subscription. The company may request documentation verifying lease or usage status.

What should be done if the company says “pay the debt first”?

This request must be submitted in writing, the application must be recorded and an objection must be submitted with documents showing that the old debt does not belong to the applicant.

Can the subscription be refused if the new tenant and the old tenant are related?

Kinship alone is not sufficient to refuse subscription. However, if there is concrete evidence that the application was made ostensibly to avoid debt, the company may conduct a collusion investigation.

What happens if the former tenant has an illegal electricity debt?

As a rule, the illegal electricity debt should be collected from the person who made the illegal use. However, in workplace subscriptions, the new applicant may be asked for a license or similar documents showing that the activity belongs to him/her.

People who are not given electricity subscription due to the debt of the former tenant, instead of solving the problem temporarily by paying the debt, must first determine who the debt belongs to and reject it. The legal basis of the transaction must be examined. Application records, lease documents and the company's written response must be kept and the necessary administrative and legal remedies must be used within the time limit.

This content has been prepared for general legal information purposes. Each subscription dispute must be evaluated separately, taking into account the relationship between the parties and the available documents.

What Documents Should Be Submitted for a New Subscription Application?

The new person who comes to the real estate must clearly show that he is different from the previous user and under what legal relationship he uses the real estate. The basic documents of the application are the rental agreement or title deed, identity card, meter information and, if necessary, a delivery document. If the company does not take action on the grounds of old debt, the reason for rejection should be requested in writing and it should be determined which contract account the debt belongs to. Instead of verbal explanations, the application number and paperwork should be kept.

Can New Users Be Tracked for Old Subscriber Debt?

As a rule, liability for electricity, water or natural gas debt is evaluated based on the party to the consumption contract and the actual usage period. Just because the new user is in the same property does not mean that the old subscriber automatically assumes the debt. However, if continuity, fraudulent transfer or the same user claim is made between individuals or businesses, the trade registry, address, partnership and actual usage records are examined. may. Debt and subscription periods should be separated on the document.