Can a RMC refuse a wayleave signed by the freeholder?

[James2004k]

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.

[leaseholder64]

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.

[James2004k]

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?

[Gordon999]

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).

[James2004k]

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.

[James2004k]

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.

[Century]

Are you really sure that Hyperoptic are the answer?

[James2004k]

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.