Can a RMC refuse a wayleave signed by the freeholder?

Collapse
X
 
  • 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.

    #2
    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.

    Comment


      #3
      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?

      Comment


        #4
        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).

        Comment


          #5
          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.

          Comment


            #6
            Just over 6 months on and the Director's are still not being helpful.

            They are now saying there is outstanding health and Safety work to be done.
            But are then saying there is to investigation on future works such as roofs and the driveway. All of which are fine.

            Both of the directors are being very unhelpful.

            Comment


              #7
              Are you really sure that Hyperoptic are the answer?

              Comment


                #8
                Originally posted by Century View Post
                Are you really sure that Hyperoptic are the answer?
                Well BT/Openreach won't upgrade the estate quickly. More like when they feel like it.
                As they are the only supplier (being openreach) to service the estate. There is no competition. So need to upgrade what they have a monopoly on.

                Reason's for going for Hyperoptic comes down to service, speed and price.

                1. Service they have full fibre to the property (FTTP), with the last bit over Ethernet. Which is capable of going up to 10Gbps.
                2. Speed they offer up to 1Gbps sequential 1Gbps download and upload.
                3. Price
                Hyperoptic 50mb - £23
                Hyperoptic 150mb - £26 (£38 off deal)
                Hyperoptic 1000mb - £45 (£64 off deal)

                BT 50mb - £29.99 (£43.99 off deal)
                BT 67mb - £39.99 (£47.99 off deal)

                As everyone can see there is a very large gap in the price to Mbps.

                Comment

                Latest Activity

                Collapse

                • Reply to Leaseholder not paid s.20 charges
                  by leaseholder64
                  As I understand it, you can start with the small claims court without FTT clearance. However, their rules say that, if the defence is based on unreasonableness, or non payability, of the charges, the court should redirect to the FTT for a decision, and only proceed if the FTT validates the claim....
                  26-02-2020, 10:21 AM
                • Leaseholder not paid s.20 charges
                  by Emilycarter
                  Hi, I am a co-freeholder and one of the Leaseholders
                  has not paid their charges for two sets of s.20 works. There is no dispute, managing agent has simply not received replies to emails and letters. We suspect the service charge recently issued will also remain unpaid.

                  Reading some...
                  25-02-2020, 14:10 PM
                • Reply to RTM Service Charge Certificate
                  by leaseholder64
                  I think one of the problems with accountants is that their role of protecting the investors and customers has been replaced by one of finding ways to legally avoid providing any information to them. That may match the wants of many for profit businesses, but absolute openness should be the aim of RTMs....
                  26-02-2020, 10:15 AM
                • RTM Service Charge Certificate
                  by chris1544
                  Hello,

                  I live in a block of two flats. We have an RTM company in place, self managing the building. Both leaseholders are directors of the RTM company. We are approaching the close of our service charge year and the lease requires that the service charge accounts be certified. Specifically...
                  08-02-2020, 14:59 PM
                • Reply to Variation of lease
                  by scampicat
                  Thank you all for for your very helpful and informative advice. My husband and I will mull through the options later today....
                  26-02-2020, 10:12 AM
                • Variation of lease
                  by scampicat
                  I own a flat with a lease of 125 years starting from 2012. The ground rent is at present £150 pa, but increases as follows every ten years: £225... .£337.50.... 506.25.... 759.38.... 1139.06.... 1708.59.... 2562.89 ....3844.34. There are no more increases after eighty years. I am considering a variation...
                  25-02-2020, 08:57 AM
                • Reply to RTM Service Charge Certificate
                  by chris1544
                  Brilliant advice, thank you both, I really appreciate it. Yes to answer your question MrSoffit we are both actively involved in running the property and make decisions jointly. In fact, the service charge account is set up so that bank transfers can only be made if we both authorise them.
                  ...
                  26-02-2020, 09:37 AM
                • Reply to Leaseholder not paid s.20 charges
                  by Emilycarter
                  Thank you all once again. The s.20's were served correctly, other Leaseholders have paid and works completed. I do hope that Jericho's view is correct. They have not disputed or commented on the s.20 at all (as far as the Managing Agent tells us). If the recent service charge also remains unpaid...
                  26-02-2020, 08:27 AM
                • Reply to Letting lease expire on share of freehold property
                  by leaseholder64
                  That depends on the company articles or on the trust deed, if tenants on common.

                  You might continue to own the share of the freehold, even though you had no leasehold interest in the flat, and couldn't legally, have possession of it.

                  My articles say that membership of the company...
                  25-02-2020, 23:54 PM
                • Letting lease expire on share of freehold property
                  by michelle230
                  Apologies if silly question - I`m sure there is a very simple answer...

                  I`m curious as to what would happen in the above scenario where a person had a share of freehold in a block but let their lease expire. Would the flat then revert in ownership to the other shareholders, including the...
                  25-02-2020, 19:00 PM
                Working...
                X