Can a RMC refuse a wayleave signed by the freeholder?

  • Filter
  • Time
  • Show
Clear All
new posts

    Can a RMC refuse a wayleave signed by the freeholder?

    I live in a leasehold flat (owned). The estate is of 40 flats.
    The only ISP available is BT (Sky, Talk Talk etc).
    I have got Hyperoptic on board and they are looking to service the buildings.
    They have contacted the freeholder who is wiling to sign a wayleave for a fee (supposedly this is normal).
    Hyperoptic are worried that if they pay for the wayleave, does the RTM have the right to refuse access for it to be installed?
    I have tried getting the RTM on board with this but they are wanting me to jump through so many hoops that its impossible.

    Sorry if this has been dealt with before but I searched "wayleave" and nothing came up.

    Hopefully someone will have the right information.

    The difference between RTM and RMC is important here.

    One of the reasons people go for RTMs is to stop the freeholder causing difficulties when people want licences.

    You seem to be trying to bypass that mechanism. The correct process is that you ask the RTM and they then inform the freeholder, who must respond within time limits or accept the RTM's response.


      Thank you for the response.

      It's more the RMC Director not being helpful with allowing Hyperoptic to install there services.

      They have put it as a low priority.

      I am in contact with Hyperoptic and Freeholder.

      Hyperoptic are able to get a wayleave signed by the freeholder at a cost (unknown).

      But is the RMC Director in a position to refuse the wayleave if signed by the freeholder?


        If your site is managed by a RTM, any fees except "ground rent" payable to freeholder becomes due to the RTM . The freeholder is only responsible for collecting ground rent and dealing with proceedings for forfeiture.

        The RTM is responsible for managing the site and approving the services such as electricity supply for communal areas , communal satellite TV dish, broadband etc . The RTM director ( acts for the leaseholders ) should be helping leaseholders ( you).


          Thank you for your response.

          What can I do though if the Director is not being helpful?

          I have done the leg work with Hyperoptic, getting them on board and all they need is the yes from the director.

          I've even posted the leaflets through the doors of all the flats and they have enough interest to install there services.

          I've even agreed that if there is a fee for the installation on the site which I can personally not cover then it wont be installed. Although Hyperoptic have said it would be a free of charge install.


          Latest Activity


          • VAT charged twice on work?
            If a one-off service charge has already had 20% VAT applied by the contractor, can an additional 20% VAT be charged on this total by the managing agent in the service charge schedule (before the fee % has been applied)?

            I am wondering if this is normal practice or an error.
            23-05-2019, 15:44 PM
          • Reply to VAT charged twice on work?
            Thank you for your response - this is useful information.
            23-05-2019, 21:24 PM
          • Reply to VAT charged twice on work?
            An error; they can only charge VAT on their markup.
            23-05-2019, 20:31 PM
          • Freehold sale with 2 leases
            Hello - I own a property that includes the entire freehold and leasehold to one of the 2 flats in the building. (I own the freehold my husband owns the leasehold).

            I am selling the property with the freehold.

            My buyer is getting nervous - and so am I about the transfer of the...
            23-05-2019, 14:33 PM
          • Reply to Freehold sale with 2 leases
            Thank you so much for your reply. yes we live in the building and have done so for the past 5 years. This is very reassuring.

            So we don't even have to inflate the cost of the freehold it can be 100£....
            23-05-2019, 17:55 PM
          • Reply to Freehold sale with 2 leases
            Your understanding is correct, the other leaseholder will never be able to accept the offer.

            Do you live in the property as your main residence and have done for more than 12 months? If so you don’t have to offer the right to first refusal anyway.

            Having said that your solicitor...
            23-05-2019, 17:02 PM
          • Right to Manage - Process Questions
            Hello forum,

            Very brief summary of my situation. I own a flat (110 years left on the lease) in a big old Victorian house in London. 11 flats in total, all leasehold. Fairly standard stuff.

            The guy who owns the freehold also does the property management via his own company....
            23-05-2019, 10:33 AM
          • Reply to Right to Manage - Process Questions
            Companies Act 2006 section 303. If they fail to call it, proceed with the following sections.

            You need 28 days notice for any motion to remove an existing director.
            23-05-2019, 13:52 PM
          • Reply to Right to Manage - Process Questions
            Thank you.

            Re: number of directors. I may be able to persuade some other leaseholders to do this (or not!). Articles of RMC say "number of directors may be any number not exceeding the number of issued shares" ie any number from 1 to 11. So having 1 director seems to be permissible...
            23-05-2019, 12:25 PM
          • Reply to Right to Manage - Process Questions
            If you actually had an RTM, the freeholder would also have a vote, so your current arrangement gives you more power.

            A shareholder who cannot attend a meeting can appoint a proxy. It is a criminal offence for the calling notice for the meeting not to point this out.

            The majority...
            23-05-2019, 11:11 AM