Sallellite Dish/s Not Allowed

[Mago]

For some years now the Area Manager, of my Social Land Lord has turned a blind eye to dishes being installed, despite being written into contracts that this is not permitted,( in some cases verbal permission has been given by the Area Manager.)

A directive has been recently received from Head Office, that all dishes must be removed by tenants,( if this is not done, a contractor will be engaged to remove the dishes,)with the tenant being charged the contractor's fees for doing so.

What is the legal position Re the Social Landlords directive to tenants?

[theartfullodger]

I assume you mean by "social landlord" a housing association. If not (say council or an ALMO or private..) please let us know.

I see you say the contract prohibited them. Unfortunately I cannot read your tenancy agreement from here: What does it say exactly about fixing aerials and/or satellite dishes to the exterior of the property?? Is this a house or a flat?? (Assume it is in England..).

Can anyone prove (eg email, voicemail, witnesss statement) what the area manager said??

When you moved in were you given any paperwork with conditions etc etc & if so what does that say??

I would have expected any landlord (council housing assoc, private) to have reserved the right to allow or not external aerials/dishes on the properties, usually something about "without agreement in writing".

[Mago]

I assume you mean by "social landlord" a housing association. If not (say council or an ALMO or private..) please let us know.

I see you say the contract prohibited them. Unfortunately I cannot read your tenancy agreement from here: What does it say exactly about fixing aerials and/or satellite dishes to the exterior of the property?? Is this a house or a flat?? (Assume it is in England..).

Can anyone prove (eg email, voicemail, witnesss statement) what the area manager said??

When you moved in were you given any paperwork with conditions etc etc & if so what does that say??

I would have expected any landlord (council housing assoc, private) to have reserved the right to allow or not external aerials/dishes on the properties, usually something about "without agreement in writing".

Thanks for the prompt reply

#1 It is a Housing association

#2 The dwellings are flats, ( In England.

# 3 Tenancy Agreement,states nothing to be affixed to outside of dwellings with out prior written consent.

#4 At a recent tenants meeting the Area Manager was reminded that they had given permission, when asked Re installing a dish, (The reply given, was as follows,) can any one produce this in writing?

[westminster]

It seems likely that the LL will proceed with the threat of removing the dishes if the tenants don't comply.

Arguing it in court would be expensive, with no guarantee of success (and personally, I don't think the tenants have much of a case to argue - they're up against a clear prohibition unless LL gives written consent).

[thesaint]

# 3 Tenancy Agreement,states nothing to be affixed to outside of dwellings with out prior written consent.

Which the tenants didn't ask for, or receive by the looks of it.

[ram]

Just a rant :-

I don't see what all the fuss is about.

I do not need or want a Sallellite Dish.

I have 80 to 150 freeview channels, ( never bothered to count them )
still have some analogue t.v.'s in the bedrooms with £ 17 freeview box
on top, converting digital signal to analogue, still working on the original
analogue aerial.

If you can afford to pay for Sallellite T.V. when 80+ channels are freely
available with every T.V. now sold, then you must be working.
L.H.A. ( Dss ) does not include for "sky" subscriptions.
If you are working and get home at 7pm like I used to and Girlfriend now
gets home at 7:30pm, there in no time to watch 3000 channels,
and stupid to pay to watch T.V. when you have the property to
maintain, the cleaning and gardening, and maybe the children to
watch over, supervise, help with homework, then Sallellite T.V.
is a total waste of money.

Rant over.

Remove dish as per your lease.
How did the leaseholders receive T.V. programs from1953 to 1990 and
even to 2000 when Sallellite was not readily affordable.
You have aerials on the roof, and they should still be there. use them.

R.a.M.

[leaseholdanswers]

How did the leaseholders receive T.V. programs from1953 to 1990 and
even to 2000 when Sallellite was not readily affordable.
You have aerials on the roof, and they should still be there. use them.

R.a.M.

There is considerable content which is not always available elsewhere and barring access to some of that content can lead to unequal treatment under the Equality Act 2010 and an Article 6 violation.

As an RSL tenant they should along with other residents lodge a protest under teh formal complaints procedure and refer to

Khurshid Mustafa and Tarzibachi v. Sweden http://merlin.obs.coe.int/iris/2009/4/article1.en.html

and this http://www.equalityhumanrights.com/u...ts_at_home.pdf

It also applies to private sector and mixed tenancy schemes.

[ram]

Equality Act 2010 and an Article 6 violation.
.

What's the world coming to.
Lease / ast states affix nothing to outside walls etc.

They can have their national newspaper delivered weekly, to keep up
with the news.
But who can believe what they see on Iraq television ?

Human rights act was aimed at, for example, Dictator countries, and
those that commit atrocities , so looks like Sweeden and U.K. are places
to be avoided. Let's all leave now, it must be realy bad here.

The court case was because the tenant took down the dish, and had
a temp one inside, which the landlord should have allowed, but still
evicted them.

The case was not the right to breach the lease, but the right to have
an indoor dish. -Slightly different to that which you convey.
Therefore, it is not your human right to breach the lease,
but your human right to have an indoor dish.

R.a.M.

[JK0]

Would it not be possible for them to install a system for the whole block ? I had a similar problem and didn't want to see dishes all over the outside and it was about £300 per flat.What I didn't thnk off 6 years ago was the increase in the number of Polish so now have them on the outside there. Doing it again I would get a system to do both andhve the switch where it can go from Sky to Hotbird
Its a bit unreasonable from your point of view I think assuming it is not in a conservation area or similar restriction

Whalster, could the same wiring be used for both dish signals, with a tone generator plugged in to the sockets in flats requiring hotbird that triggers a switch that will connect hotbird?

(I have no experience of this, but this is how I would solve the problem.)

edit: just found this item which seems to be along those lines:

http://en.wikipedia.org/wiki/DiSEqC

[midlandslandlord]

If he only gave permission, they are at liberty to withdraw that permission, so I think you are - unfortunately - flogging a dead horse legally.

I'd say that a campaign of media embarrassment is your best bet.

Get some data ("hundreds of tenants being deprived of xyz by heartless Housing Association") and get onto the Daily Mail.

I'd say go for the 'Lympics, and get some sad looking people with photos of Rebecca Adlington and Bradley Wiggins and some flags, but it's on the Beeb so you only need a £10 freeview box from Argos.

Anything only on satellite?

Do you have any people who need foreign satellite only stations?

ML

[45002]

Wouldn't surprise me if the housing association real reason wanting all sd removed is,they then install there own satellite dish and charge All tenants a over the top monthly fee for the pleasure of using it.

On top of the rent and service charges....

[midlandslandlord]

the good news is that satellite dishes will very shortly be a thing of the past anyway. My friend at BT Technology tells me everything will come down your superfast BT internet line and all we will need is an advanced decoder.

I have a feeling that *my* friend at BT Technology told me exactly that in about 2001 !

ML

[dant]

I was instructed by my client, some time ago, to represent him in his claim for a sat dish on his property, where it was forbidden by the Lease.

My argument was based on the principle of free movement of goods and services embodied in the EC treaty and the provisions of Directive 97/36/EC and 93/83/EC, the "Television without Frontiers" directive and Art 10 of the European Convention on Human Rights (as interpreted by the European Court of Human Rights in its ruling of 22 May 1990.)

The right to a sat dish stems from the principle of free movement and free reception of services in the interal market, and of radio and TV programmes in the European Community in application of Article 49 EC. The direct provisions of the treaty are binding on all authorities of the Member States, which are required to comply with them without the need to adopt national implementing provisions.

My client, however, needed his own dish to obtain signal for foreign channels for work reasons, which Freeview sadly didn't cover.

[leaseholdanswers]

Khurshid Mustafa and Tarzibachi v. Sweden is more on point.