Council property, aerial issues. (Scotland)

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    Council property, aerial issues. (Scotland)

    Hi, sorry if this question has been asked before.
    My wife and I moved into a council property approx. 5 years ago, when the property was a new-build.
    The flat had a roof aerial, mast-head amplifier, internal amplifier and all internal wiring to receive a digital signal, installed by the builders. This is not a communal system.
    A week or so ago, we lost all signal and therefore are unable to view television programmes in either of the 2 rooms that the installed system supplies.
    I contacted the council's (East Lothian) repairs department today, to inform them of the fault. They stated that had the fault occurred within 1 year of moving in, the house builders were responsible - it would fall under 'snagging'. Outwith that period, however, they stated that it is our responsibility as tenants to carry out repairs on a tv aerial system.
    I informed them that in my opinion, the aerial was part of the fabric of the rental property (it was installed prior to us first viewing the property and signing the new tenancy agreement) and was their responsibility to maintain.
    They again denied any liability.
    I informed them, as a gesture of goodwill, that I would be prepared to meet half the cost of any repairs needed - they refused!
    As far as I know, it's an assured tenancy.
    Anyone have any knowledge in this area? Any input would be greatly appreciated.

    #2
    Can you please confirm - you rent the property from East Lothian Council??

    The answer is likely to be in the tenancy agreement or other documents you have.

    When you say
    As far as I know, it's an assured tenancy.
    - could you kindly read the agreement and see what sort it says it is, please?? I'd be surprised if it was an AT - but I may well be wrong.

    Their website
    http://www.eastlothian.gov.uk/downlo...s_repair_guide
    - says, page 7, that TV Aerials are tenant's responsibility.
    (Odd as, as a private landlord, I assume TV aerials & Satellite dishes are my problem not tenant's..)

    Is there anything in the tenancy agreement or other documents you were given by council that might indicate it is not your responsibility, please?
    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


      #3
      Thanks for the fast reply!
      Front page of East Lothian Council's 'Tenants Handbook' reads: Summary East Lothian Scottish Secure Tenancy Agreement.
      Section 5.0 of bumf (Repairs, Maintenance, Improvements and alterations) states that I am responsible for 'carrying out minor repairs' and decoration, including keeping house in reasonable state of cleanliness. It also states that I am not responsible for carrying out repairs which are due to fair wear and tear.
      As far as I'm aware, repairs to aerials and satellite systems are carried out by suitably trained satellite and tv aerial engineers. I am not a qualified engineer. I have no training to use a ladder. I don't know the Health & Safety guidelines to be able to do this. What I'm aiming at is - this is not a 'minor' repair, which I am qualified to 'carry out'. Also, after about 5 years, if the external aerial fails, is this not fair wear and tear?
      Oh, yes, we rent from East Lothian Council!

      Comment


        #4
        Thanks: That's the "Tenant's handbook" so good indication, but do you also have a "Tenancy agreement"?? Suggest you try & find it & read it. "Scottish secure" is the best sort of, "gold standard", tenancy type going: Lucky you - Don't lose it!!!

        I too am not a trained engineer (well, not that sort) - but that doesn't stop me or you being responsible for getting something fixed: Being responsible and being able to or doing it yourself are 2 different things: Suspect this matter is down to interpretation of tenancy agreement (depending on what it says) and tenant's handbook which does not appear definitive: What do neighbours say??

        Shelter's advice (they are very much the experts..) says here...
        http://scotland.shelter.org.uk/get_a...ouncil_housing
        Your landlord is also responsible for repairing:

        the TV aerial, if it is a communal aerial provided by the council or housing association... etc etc...
        Other stuff on Scottish Secure here...
        http://scotland.shelter.org.uk/get_a..._secure_tenant

        Suggest you discuss the matter with Shelter Scotland 0808 800 4444.

        Good luck: Slàinte mhath!
        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
          Not so sure about the actual Tenancy Agreement - my wife has a rather unfortunate habit of retaining empty envelopes and binning documents! I'll keep an eye out for it!
          In the meantime, I've got a mate who does aerial work, who'll check/fix things for a few beers.
          It's more the prinipal/legality of the matter, if that makes sense?

          Comment


            #6
            Principles (a) & justice (b) & the law (c) are 3 different things: expecting them to be the same may lead to disappointment & tears...

            Good luck
            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

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