Tenant erected satellite dish without consent

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    Tenant erected satellite dish without consent

    My Tenant has recently erceted a satellite dish on the property without obtaining my written consent as he should have done (stated in the tanancy agreement). Had he done so I would have informed him the the building has a no dish policy (8 apartment buillding).
    I have asked him to remove it but he still hasn't done so. He says that he didn't know that he couldn't put one up even though he has signed an agreement that says he can't erect anything or make structural changes without my permission.

    As a leasholder I am now in the position where my tenant had invalidated the buildings insurance policy and erected a structure on communal/freeholder property.

    What course of action is open to me now. Can I instruct my agent to arrange for it to be removed if he still refuses? I don't want to go done this path as the dish is my tenants property and I don't want to be accused if damaging. However, I am very worried about being sued myself by the freeholder. It is also worrying that ther structure could be damaged and that the building insurance policy will not cover any damage that may be done by this dish.

    #2
    I have the same problem with a leasehold block of maisonnettes but fortunately, my tenants have always asked first. On asking I tell them that such errections are prohibited by the lessor, but you may errect one at the risk that if the lessor contacts me about it you may have to remove it. So far neither of my tenants has had to do this.

    May I suggest therefore that you first write to your tenant advising them of the situation and serve them also with a section 21 notice to remove him as soon as possible (you don't have to enforce it if you dont need to.) If your lessor objects to this errection, then he will wriite to you to request removal. A copy of this should go to your tenant with the instruction to remove it forthwith. If this is not done then the lessor may remove same and charge you for the privelege. This can be deducted from your tenant's deposit when he is obliged to leave.

    To be fair, these clauses are a bit old fashioned and originate from the time of large VHF T.V. aerials and the policy then to install a comunal aerial with a preamplifier to supply the signals to all premises. This prevented flat and maisonnette blocks from being literally covered with myriads of these large, unsightly structures. Now aerials are much smaller and neater due to the use of UHF the argument no longer exists, furthermore, satellite dish aerials cannot easily be used comunally but this form of TV reception is becoming more and more common.

    In my case, aerial outlets are provided in each maisonnette and the VHF pre-amplifier is still to be found in the loft space. The electronics contained therin have long since failed and the ancient VHF aerial structure (which went out of use in the early 70's) collapsed long ago and was discarded! A number of residents have errected external UHF aerials and satellite dishes (includiing my tenants) with no objection (yet) from the lessor.

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

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      #3
      Thanks for the advice. My agent has sent a notice of breach letter today and a time frame for removing the dish. Will wait and see what happens. Hopefully all goes well other wise might just have to serve a S.8

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        #4
        Satelitte dish

        Can the freeholder sue?

        I too have just been informed by my freeholder that they are contacting their solicitors regarding the installation of dishes. Apparently they we'rent aware that nearly all 9 flats have dishes now. My tenants erected it only 5 months ago and are willing to move it from the side of the property (end terrace) to the back garden.

        I am terrified the freeholders are going to come back with a bill or try to do something to my lease.

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          #5
          Although the actions were not yours but your subtenant's, you have committed a breach of covenant by not obtaining freeholder's consent.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

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