Wayleave permission for cable company

[Brunel]

I live in a flat complex of 36 flats. These are leasehold, and the landlords agent is SIMARC.

 

We are attempting to arrange for VIRGIN MEDIA (VM) to install a broadband and TV cable system in the complex.

 

(VM) are willing to go ahead, and applied to SIMARC for wayleave permission.

 

The response from SIMARC: We wish to confirm that we, ourselves, would not be able to sign your agreement on behalf of our clients, the Freeholders without first sending the papers to our client’s solicitors for their comments. We are informed our clients solicitors fees are £250 plus VAT and upon receipt of which together with the Wayleave Agreement payment of £750 we shall then put the matter in hand.

 

As a consequence of this exorbitant demand, which VM and the residents have no intention of paying the installation of any system has now halted.

 

Is there any way forward?

 

SIMARC are notorious for demanding high fees, a lot of info. is available on the www.

 

Thanks.

[BazzaS]

I live in a flat complex of 36 flats. These are leasehold, and the landlords agent is SIMARC.

 

We are attempting to arrange for VIRGIN MEDIA (VM) to install a broadband and TV cable system in the complex.

 

(VM) are willing to go ahead, and applied to SIMARC for wayleave permission.

 

The response from SIMARC: We wish to confirm that we, ourselves, would not be able to sign your agreement on behalf of our clients, the Freeholders without first sending the papers to our client’s solicitors for their comments. We are informed our clients solicitors fees are £250 plus VAT and upon receipt of which together with the Wayleave Agreement payment of £750 we shall then put the matter in hand.

 

As a consequence of this exorbitant demand, which VM and the residents have no intention of paying the installation of any system has now halted.

 

Is there any way forward?

 

SIMARC are notorious for demanding high fees, a lot of info. is available on the www.

 

Thanks.

 

250 + VAT -> £300. £300 + 750 is £1050

 

Yes, £1050 is a lot. However, it is a one off payment, and the management company can just decline the wayleave without it.

 

However £1050 : less than £30 per flat for 36 flats.

 

Can the residents make a one off contribution each? Or suggest Virgin subsidise it ( put it to them as £30/ flat, as a one off payment...), or the residents pay & Virgin agree to rebate £30 each off their bills?.

 

 

Are all the residents planning on taking a Virgin service, or "a select few"?

 

Is there a residents association? Could they put forward a contribution?

[Brunel]

It is not the cost. VM will not pay anything on principle.

[mariner51]

Why should they? If they did they could set a precedent for making any wayleave payment in future. However if there are 35 potential nw Vigin customers en bloc, I am surprised 35 acting in concert, can't negotiate a small introductory price for first x months. Don't ask, don't get.

Similarly the freeholder can expect recompense for granting waylleave. I assume the cost (£1050) is the same for a single T?

[raydetinu]

have you thought of managing the complex yourselves? by law you can do this and freeholder cannot object.

All you need to do is get 67% of the tenants/leaseholders to agree.

set up your own management co. and all the management/fees/insurance will be in your control.

see RTM in the leasehold reform act.

[Brunel]

have you thought of managing the complex yourselves? by law you can do this and freeholder cannot object.

All you need to do is get 67% of the tenants/leaseholders to agree.

set up your own management co. and all the management/fees/insurance will be in your control.

see RTM in the leasehold reform act.

 

This was suggested a long time ago, but getting the numbers could be a problem. Majority of residents are not remotely interested.

 

We manage the complex, the problem is with the Freeholder.

[mariner51]

So you represent orig management Co, so why do MC want to install VM BB for all if majority of Ts are not interested?

The MC could resign en bloc forcing creation of new MC.