Virgin Media unlawful installation

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Virgin Media unlawful installation

    Virgin Media installed cable without the Landlords, consent and smashed a brick etc.. They say it is a tenant landlord dispute but offered to repair by cementing over the brick and putting a plastic plate on. I wanted the brick replaced because the plate could not cover the damage and it will look ugly cementing over. The tenant has gone and I asked Virgin for a copy of consent form the tenant would have signed. Virgin refuse to replace the brick so I have said small claims would cost £500 to replace the brick remove the installation plus a new tenant pulled out because of the virgin dispute so I would add a months loss of rent. What chance do I stand ? small calims costs £150 to get to court costs not recoverable? Any advice please. Build insurance say building work not covered Doh.

    #2
    I think any case you have is against the ex-tenant, not the network operator.

    I believe that the actual court fees will normally be charged to the loser. What is not chargeable is solicitor's fees and the like.

    Comment


      #3
      Surely it would be easier to replace brick yourself or if you are incapable just get an odd job man to do it for you - not exactly difficult. Sue Virgin over this - surely there are better things to do in life?

      Why exactly did proposed tenant pull out? Was it because you would not allow him/her to have service from Virgin? That is what they all want these days so you will be severely restricting your pool of 'possbles' if you reject it.



      Freedom at the point of zero............

      Comment


        #4
        Virgin cable can be very fast - 100Mbps or 200Mbps or 350Mbps: I have a student house with 100Mbps included (students really like Broadband being their as soon as they move in. Yes, genuinely get 100Mbps (and I hate old beardie...)

        It might be wiser to keep the physical cabling as an option for you/future tenants.
        I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

        Comment


          #5
          Originally posted by grahn View Post
          Virgin Media installed cable without the Landlords, consent and smashed a brick etc.. They say it is a tenant landlord dispute
          It is. Why do you think they requires the landlord consent?
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            Virgin wayleave agreement can be signed by the tenant if they have a lease of 1 year. If the tenant signed you would have to claim from T and T then claim from virgin. If T didn't sign then its a trespass so you could try threaten to make a claim if they can't produce the proof of agreement giving them permission.

            https://www.virginmedia.com/lightnin...nsion/wayleave

            Comment


              #7
              "If we decide to build, we will work with you to ensure that there is minimal impact to the aesthetics of the properties, and we will fully re-instate any surface that is disrupted as part of this work if we cause any."
              (from the link above)

              Comment


                #8
                Originally posted by KeepTheFaith View Post
                If T didn't sign then its a trespass so you could try threaten to make a claim if they can't produce the proof of agreement giving them permission.
                If there's any trespass, it's going to be against the person in possession of the land or property, which wasn't the landlord.
                I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                I do not answer questions through private messages which should be posted publicly on the forum.

                Comment


                  #9
                  To be honest i would agree with one of the posts above, let this go and just get the brick replaced, its a single brick and not worth all the time and hassle the route your looking at would not doubt involve, life truly is too short.

                  Comment


                    #10
                    I am surprised opinion is against me. If replacing a brick is so easy then why won't Virgin do it? Is a reasonable repair cementing over a house brick with no face? No. The Assured Shorthold Tenancy is not a lease? like a lease hold on a flat. The tenant was only there for 6 months. Yes one Tenant walked away on move in day because of the dispute. Are Virgin legally obliged to supply a copy of the Wayleave agreement between them and the tennant to me the property owner?

                    Comment


                      #11
                      AST's are leases, just not long leases.

                      Comment


                        #12
                        Originally posted by grahn View Post
                        I am surprised opinion is against me. If replacing a brick is so easy then why won't Virgin do it? Is a reasonable repair cementing over a house brick with no face? No. The Assured Shorthold Tenancy is not a lease? like a lease hold on a flat. The tenant was only there for 6 months. Yes one Tenant walked away on move in day because of the dispute.
                        Unless your tenancy agreement says that they can't, a tenant is able to get cable installed.
                        A term forbidding the tenant from changing utility suppliers would probably be unfair, I don't know what the case would be about cable.

                        You will have a problem getting Virgin into court, because they can claim that they are simply a subcontractor of your tenant and that the tenant is liable for your loss.
                        On the other hand, if you sue them, they might pay or fix it just to make it go away.
                        Are Virgin legally obliged to supply a copy of the Wayleave agreement between them and the tennant to me the property owner?
                        Not as far as I know. The agreement is between the tenant and Virgin and you're not a party to that agreement.
                        I'm not really sure what help a copy would be, Virgin wouldn't have installed anything without an agreement.

                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment


                          #13
                          thks for the repies though I am disappointed if a utility co. can drill holes at the behest of a 6 month tenant. So my walls can have multiple smashed bricks when the tenant ignores the AST (no drilling) and virgin , BT sky etc all want their own hole into the property and they bodge the job and refuse a proper repair. I am surprised this is not a common problem more widely reported

                          Comment


                            #14
                            Originally posted by grahn View Post
                            when the tenant ignores the AST (no drilling)
                            You already have a recourse for compensation for the damage, it's against the tenant. Just because someone else have more ability to pay, or for that matter haven't disappeared into thin air doesn't make them liable.
                            I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                            I do not answer questions through private messages which should be posted publicly on the forum.

                            Comment


                              #15
                              Originally posted by grahn View Post
                              thks for the repies though I am disappointed if a utility co. can drill holes at the behest of a 6 month tenant. So my walls can have multiple smashed bricks when the tenant ignores the AST (no drilling) and virgin , BT sky etc all want their own hole into the property and they bodge the job and refuse a proper repair. I am surprised this is not a common problem more widely reported
                              There's not a problem.

                              The only issue is that you want compensation from the wrong people.
                              The person who is responsible to you is the tenant.
                              The tenant can try and claim from Virgin.

                              It's about who's responsible for your loss, not who actually drills the hole.

                              When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                              Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                              Comment

                              Latest Activity

                              Collapse

                              • 'pausing' a tenancy
                                henry_of_hillbridge
                                Hi everyone,

                                I'm here seeking for opinions from more experienced landlords. I'm brand new in the forum and in the landlord world and English is not my first language, so please forgive any absurdities you may hear from me.

                                I recently bought a flat in Edinburgh which I'm renting...
                                20-08-2019, 19:59 PM
                              • Reply to 'pausing' a tenancy
                                Ted.E.Bear
                                There is a specific forum for questions about tenancies in Scotland.

                                My guess is that you could possibly arrange to sublet from your tenant during that period - but there is no real way to be sure they will actually move out.
                                It may not be possible, but would likely be difficult...
                                20-08-2019, 20:33 PM
                              • Reply to 'pausing' a tenancy
                                AndrewDod
                                In an ideal world where mature adults could contract with each other as mature adults you could do this.

                                However given the state of play in 2019 this is not a safe thing to do. There is no way you can write a contract to guarantee it will be available to you to put on AirBnB. So the tenant...
                                20-08-2019, 20:28 PM
                              • Can I charge...
                                t-mhrwl
                                I have paid an agent to market my property. They have found a tenant who was due to move in yesterday. The dates have already been delayed once. They have paid 3 months advance rent and a 5 week deposit. All paperwork has been prepared and checked by all parties. The tenant has now decided they don't...
                                17-08-2019, 12:08 PM
                              • Reply to Can I charge...
                                t-mhrwl
                                Thanks all....
                                20-08-2019, 20:13 PM
                              • Whose Responsibility For Change Of Locks?
                                ABC123
                                Just wondering what people's opinions were on this.

                                The block has a front door that opens onto a courtyard and then a door that leads into a stairwell and then the door to the flat. A separate key is needed for each door.

                                The tenant says he put the latch on the door to the...
                                20-08-2019, 15:29 PM
                              • Reply to Whose Responsibility For Change Of Locks?
                                ABC123
                                Well, while I’m not disagreeing, that’s kind of what I’m questioning. How far is a LL liable and does a T have an obligation to the LL to mitigate such expenses?

                                If there were 20 locked doors in the development before the locksmith could reach the bedroom then would the LL be liable...
                                20-08-2019, 19:49 PM
                              • would you accept these tenants with a void of nearly 5 months
                                Maikkia
                                Hi everyone, just looking for a bit of advice as everyone has been so helpful in the past. One of my 5 bed properties that used to be a family home is currently vacant for 5 months at the end of Aug. Its in the middle of nowhere and has always been difficult to rent out although a tenant family of 2...
                                20-08-2019, 18:22 PM
                              • Reply to would you accept these tenants with a void of nearly 5 months
                                AndrewDod
                                We should reiterate again that the only reason these folk are high-risk (and will have difficulty finding a property to let) is as a result of legislation. In a normal world where you could easily and efficiently evict tenants who did not fulfil their side of the contract, they would not be high-risk...
                                20-08-2019, 19:43 PM
                              • Reply to Whose Responsibility For Change Of Locks?
                                nukecad
                                Maybe not as secure as you thought?
                                Maybe someone left them open or let him in?

                                Less cost than having to drill extra (communal) locks to get to the bedroom.
                                20-08-2019, 19:36 PM
                              Working...
                              X