Wayleave and Re-Route

[Customerle98ha]

 

 

 

 

Hi, I am leaseholder of a flat and the residents managing company have informed me that the virgin media cables have not been installed properly and no wayleave agreement exists.

They have asked to either remove the cables or re-route them so that it does not pose a health and safety risk and also seek wayleave permission from the RMC.

[Customerle98ha]

Hi Martin,

Are you able to assist?

[Customerle98ha]

Hi Anyone able to assist with an update?

[Customerle98ha]

 

 

 

[jem101]

@Customerle98ha just out of idle curiosity, you say that other residents have VM and the cabling has just grown over time, but are any of them getting hassled by the management committee or just you? I don’t think that it is really your problem to have to chase this too much, you have been reasonable, in fact more than reasonable, by trying to resolve this issue, you have reported it and any concerns to VM, so it strikes me that from now on, your best course of action now is to withdraw from any further involvement - the dispute has to be between VM and the owners of the building.

Please don’t get caught as ‘piggy-in-the-middle’ in what might prove to be a bit of a legal mess.

[Customerle98ha]

Thank you for your kind advice, The issue I am having is that we have been issued a 28 day notice to remove or re-route the cables otherwise they will invoice us for the cost of removing the wires as they deem it as health and safety risk and the costs could be substantial if they decide to use professional electricians. 

I think its only fair that VM try and assist as its their asset.

Thanks tho

[-tony-]

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@Customerle98ha wrote:

Thank you for your kind advice, The issue I am having is that we have been issued a 28 day notice to remove or re-route the cables otherwise they will invoice us for the cost of removing the wires as they deem it as health and safety risk and the costs could be substantial if they decide to use professional electricians. 

I think its only fair that VM try and assist as its their asset.

Thanks tho

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interesting comment - is that legal - i assume wayleave was granted for at least the 1st install if not more - if so is it not the building owner that has the problem not you - you say 'we' is that you and others at your flat or all that have VM accounts in the building

i will flag the thread again but i think its obvious by now VM will do little - you are between a rock and a hard place it seems to me 

[Anonymous]

Got to love how the three post hoc cables in picture 3 have been loosely slung along the tiled floor. 

[Ryan_N]

Hi Customerle98ha, 

What @jem101 has advised is exactly spot on. 

This is raised with the AFM and as advised they have reached out to the MDU team. As it was confirmed that the properties where you are have recently been taken over by a new management company, the wayleave agreement would have been with the previous management company and already set. I appreciate the situation you've been put in - but from this point, it's not something you can help resolve. The AFM has advised that the team in question will reach out to the management company and this is where it would sit from this point onward.

I think what we have gathered is that there has never been a problem with the install or the agreement until the new management has taken over. I assure you that we've assisted with this from this side. The agreement would have already been in place, as what has been advised is that it would have been a 'blanket wayleave' - which is something that would have been agreed. 

Unfortunately we wouldn't provide any more update or information on this with yourself, as the issue is with the new management company and the people that will be in touch with them. What I will do though is contact the AFM who has been really helpful with this to advise of what you have posted. 

Cheers, 

Ryan. 

[jem101]

@Customerle98ha please remember that anyone can issue an ‘invoice’ to anyone else, whether it is legally enforceable or not is another matter!

If I were to find out your name and address, I could ‘invoice’ you for £10,000 for advice rendered, I certainly couldn’t enforce it in the Courts though, so basically just put it in the bin!

Now I do appreciate that this is undoubtedly stressful for you, it being your home, but unless you explicitly gave VM permission to run the cables the way they did, then I can’t see how it is your responsibility to resolve, actually resolving it isn’t within your ability anyway, you can’t remove the cable nor reroute it.

Now personally, if it were me, I’d call the RMC’s bluff, let them invoice you, tear it up and put it in the bin. But I do appreciate that it actually isn’t me, it’s you, and your home and your relationship with neighbours, so what I would strongly suggest is that you get an appointment with the Citizens Advise Bureau, or even invest the money in an hour’s consultation with a Solicitor and ask them exactly where you stand.

Many organisations make claims or threats based on the assumption that the recipients are ignorant of the law or afraid to stand up and say ‘hang on a minute’ and simply roll over and pay up.

Don’t be that person, this isn’t your fault, you didn’t cause it, yes the way it has been done is a real mess, but that is between VM and the owners of the property.

If you get any further communication for the RMC, I would suggest you reply saying that you have passed on their concerns to VM, that you accept no responsibility for the situation and will be taking no further part in any dispute. Also you will be taking legal action to defend yourself in the event of them trying to hold you personally or financially responsible in any way.

[Customerle98ha]

Thank you all for your help. Just to clarify there is no wayleave in place with the previous RMC / Landlord as this has been checked and confirmed with the Landlord and the previous RMC. I think they just want to be health and safety compliant and at this point there are some red flags with the cables. Ryan you have done all you can so thank you.