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.


            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.


              Are you really sure that Hyperoptic are the answer?


                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.


                Latest Activity


                • Freehold title in lease
                  by propertyboy
                  Hi All,

                  In my long leasehold lease the landlords title number does not match the title number in the freehold offical copy.

                  The freehold title is registered on land registry and my lease title number is shown on this freehold title BUT on the lease it has a freehold title number...
                  16-02-2020, 15:06 PM
                • Reply to Freehold title in lease
                  by Lawcruncher
                  There is nothing to worry about as your lease is registered. The likely explanation is that when the lease was granted the freehold title out of which the lease was granted contained more land than it does today.


                  Freeholder owns 23 and 25 Oaktree Lane registered under...
                  16-02-2020, 18:19 PM
                • Section 20 and roof leak - paying into costs myself
                  by KS2
                  Hi, I am a leaseholder in a RTM company (and also currently its secretary) and we organised some roof repairs 1.5 years ago under section 20 consultation. Storm Dennis has exposed that there are still some water ingress problems.

                  The problem is that we are in the middle of selling our flat...
                  16-02-2020, 11:42 AM
                • Reply to Section 20 and roof leak - paying into costs myself
                  by KS2
                  Yes. 100%. Our upstairs neighbours are very annoyed about the ingress (understandably). Work has been done in recent years on the roof (9 years ago) and the chimneys (2 years ago)). It was believed all problems had been fixed but the storms have revealed water entry problems for 2 of the flats and the...
                  16-02-2020, 17:47 PM
                • Service charges
                  by Paulsen
                  In my lease the Accounting Period is “the period of twelve months ending on the 23rd day of June each year”

                  The interim charge will be paid on the 24th June and 25th December in each year

                  Does this mean my year starts on the 24th of June with the budget for the year payable...
                  15-02-2020, 17:13 PM
                • Reply to Service charges
                  by Paulsen
                  Because the builders estimate for major works was over estimated with £2500, so my service charge account should be in credit and it goes towards expenditure for the following year as my lease doesn’t have a sinking fund.
                  16-02-2020, 17:16 PM
                • Reply to Service charges
                  by AndrewDod
                  Why do you think you have a personal credit?

                  They should have issued demands as the lease says it should have been done.

                  Everything else depends on your lease including the payment date, and the ability to charge estimated costs in advance....
                  16-02-2020, 16:12 PM
                • Reserve Fund Contributions
                  by Mag20
                  Some great advice here so thought I would post my question and see what others think and any advice you can offer.

                  We live in a block of 50-60 flats and pay a monthly Service Charge which includes a contribution to the Reserve Fund. Freeholder and Managing Agent have recently realised the...
                  15-02-2020, 23:30 PM
                • Reply to Reserve Fund Contributions
                  by AndrewDod
                  Show me the lines in law, RICS guidance or your lease which say that all money for all works (or indeed any money at all) has to be funded upfront via "adequate financial planning". This might be the way you want the world to be but it is not (and if future works had already been pre-funded...
                  16-02-2020, 15:40 PM
                • Reply to Section 20 and roof leak - paying into costs myself
                  by AndrewDod
                  If you were not selling, would these exact works, to the exact extent be carried out at this exact time?
                  16-02-2020, 15:35 PM