Breach of lease questions - please advise (new to this!)

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    Breach of lease questions - please advise (new to this!)

    As the new Company Secretary I have been invited around the site today that consists of 2 developments, leases for both are mirrored and I have noticed some issues, what do I do?

    The main issue is: 2 large satellite dishs in addition to 2 TV aeriels - the lease states: "No external wireless or TV aerial shall be erected by the Lessee on any part of the premises other than replacement aerial."

    Reason this is an issue, before we moved here previous owner put a dish up and the other development complained to 1 of the directors of our PMC and the owner had to remove it.

    It seems the other development think they can do what they want and dictate to us (a smaller development) while they flaunt the lease! 2 different Property Management Companies.

    Ideas what to do please?

    #2
    What are you company secretary of ? Why do you care wether someone has an aerial ?

    You need to explain the setup in a bit more detail, you mention 2 developments and 2 management companies ?
    Advice given is based on my experience representing myself as a leaseholder both in the County Court and at Leasehold Valuation Tribunals.

    I do not accept any liability to you in relation to the advice given.

    It is always recommended you seek further advice from a solicitor or legal expert.

    Always read your lease first, it is the legally binding contract between leaseholder and freeholder.

    Comment


      #3
      I can't see it's any of your business or anything you can do other then write to the RMC and freeholder and express your dislike.
      If you're in a conservation area your LA might have a view.

      Incidentally, sky are very keen to install communal dishes, maybe somewhere discrete

      Comment


        #4
        I think it's very much GeeMan's business. Presumably you would be happy if everyone put up a dish !
        if a communal dish was erected then maintenance issues for the future. You can't cherry pick the Ilease.
        Company decisions should be made by directors at a board meeting, however helpful. Then, if agreed, a letter sent, saying the dish must be removed. Directors, unless delegated don't have individual powers.
        I suggest researching role of Company Secretary. Often it is a professional.
        Ensuring all of the lease is followed is important.
        Another useful source of information is the Swarblaw forum. I suggest having a look.

        Comment


          #5
          Completely agree. Has the OP heard of the EWS1? In installing unauthorised external attachments (ie dish) have they penetrated the fire proofing? This may sound trivial however it's incredibly important. You can't treat leasehold flats like a private house.

          Comment


            #6
            Morehouse your last sentence highlights what I have found to be a big problem. People not accepting you can't just do what you want. The lease must be followed.

            Comment


              #7
              Originally posted by scot22 View Post
              Morehouse your last sentence highlights what I have found to be a big problem. People not accepting you can't just do what you want. The lease must be followed.
              Agreed - in the last month Ive had people wanting to put wooden decking on their balconies (reply - no - fire regs, see the lease) 'But why not, its my flat?' - and so it goes on. It's not actually - you lease it from the freeholder and the man.co. manages it!

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                #8
                Thank you Scot22 and Milhouse, helps me alot! the dishes are individual dished and NOT communal.

                andydd the lease says only 1 SHARED TV aerial and some have individual aerials AND a satellite dish. I thought I had explained it simply enough, obviously not that simple lol.

                Comment


                  #9
                  So with the dish - whoever installed it will also have drilled through the exterior of the building to get the cable through into the flat. There will be an element of the exterior wall which is fire rated, as soon as you start puching holes you compromise that system. The wall systems in apartment blocks are more complex than a single house, you (should) have extra fire stops and protection. This is speaking from experience. Im currently looking into a case where an extractor vent was retrofitted to the outside of a flat and has destroyed the fire proof wall system meaning the building has failed an intrusive inspection.

                  Whilst the breach is clear, it may be worthwhile getting the FTT to determine it is a breach, perhaps someone else could comment on this. The dishes could be taken down, any remedial firestopping carried out and all costs sent to the leaseholder.

                  Comment


                    #10
                    Originally posted by Milhouse View Post
                    Whilst the breach is clear, it may be worthwhile getting the FTT to determine it is a breach, perhaps someone else could comment on this. The dishes could be taken down, any remedial firestopping carried out and all costs sent to the leaseholder.
                    What FTT? The FTT does not seem to exist as any sort of functioning entity, not even for paperwork or stuff the judges could easily do at home. A complete breakdown of law and order, of which these folk are supposed to be the guardians. It is causing real misery for real people.

                    Comment


                      #11
                      If there are two large satellite dishes on a typical small block of flats, there is a planning breach. You are allowed the same as a house, but for the whole block: one large dish and one small dish (or two small dishes).

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