Choice of electricity supplier

The cost of electricity has risen sharply in recent times, so that the question arises for policyholders, to change supplier who can practice more competitive rates.But can they do so when the lessor imposes a supplier on them?

If applicable, who is responsible for the connection work to benefit from an electricity delivery point?

To answer such questions, it is thus appropriate to combine the legislation on commercial leases and the provisions drawn from energy law.

With regard to commercial leases, Article 1719 of the Civil Code lays down the principle of the lessor’s obligation to deliver.

Article 1170 of the Civil Code, resulting from the reform of the law of obligations of 10 February 2016, provides that “Any clause that deprives the essential obligation of the debtor of its substance is deemed unwritten”.

With regard to this obligation, the case law recalls that the lessor may transfer certain work to the lessee, as long as this transfer does not exempt the lessor from its obligation to issue and this, subject to an express stipulation (Cass. 3rd civ., 3 May 2007, Bull. civ. III, No. 66; Cass. 3rd civ., 27 Sept. 2011, No. 10-24065; Cass. 3rd civ., January 26, 2022, No. 18-23578).

In addition, Article R. 145-35 of the Commercial Code recalls that the tenant may not be charged for expenses relating to major repairs mentioned in Article 606 of the Civil Code as well as, where applicable, fees related to the performance of this work.

From the point of view of electricity legislation, it is necessary to recall the provisions of Article L. 331-1 of the Energy Code, as amended by the Law of 8 November 2019, which now provides that “Any customer who buys electricity for his own consumption or who buys electricity for resale has the right to choose his electricity supplier”.

We assist our customers in the implementation of an amicable solution with the landlords, allowing commercial tenants to choose their electricity supplier.