Here is a question to the blog clinic from Richard (not his real name) who is a landlord
I am a landlord, I have rented out a flat in the centre of Bath since 2001. I last visited in May 2008 when the place was partially renovated, since then it has been managed by an agent as I live in Kent.
The flat was rented from August 2008 until February this year by a couple, when they left the agent re-let it quickly to a single gentleman.
At some stage the couple had a satellite dish installed on the front, this has now been utilised by the new tenant who has set up a contract with a well-known broadcasting company.
I have received a letter from the council informing me that the dish has been put up without planning permission and it must be taken down. This was the first I was aware that a dish has been installed.
I have passed the matter onto the agent and asked why I was not consulted about the dish and why they have not notified me about its erection since they have been visiting the premises every twelve months. They responded by saying they are not responsible for the tenants actions, which has irked me somewhat.
The tenant has been advised and is threatening to sue as he is in the middle of a contract with the provider and also wants to terminate the tenancy.
Does this constitute breach of contract on my part or is this the fault of incompetent managing agents?
I would appreciate some sound advice. Please assist me if you can.
There are four relationships to consider –
- With the Council
- With your agents
- With the old tenants and
- With the new tenants
It is difficult to answer properly without sight of your tenancy agreements with the tenants and your agency agreement with the agents as I do not know what you have agreed with them.
I assume though that your tenancy agreement would have prohibited installation of satellite dishes either specifically or under a general clause prohibiting changes to the property without consent. So they are the real culprits. I suspect however that they will now be long gone and that the tenancy deposit (which you could have utilised to cover the cost of removal) has been paid back to them.
The second main culprits are your agents. If they are employed to inspect the property under a management contract, this is something that they should have spotted and reported to you.
Even if they were just employed to re-let the property they would presumably have done an inspection and should have noted that between checkin and checkout a satellite dish had been installed and informed you of this. Surely they must be aware that this could be illegal?
I think it may well be negligence on their part that they did not spot this and let you know and have therefore let you in for this mess.
So far as the current tenant is concerned, he is innocent and justifiably annoyed at having to cancel his contract. I think you may well be liable to compensate him for this or maybe even allow him to leave early.
My view is that you should be able to pass any loss on to the agents as they should have kept you informed of the dish installation – this is after all why one has agents. It sounds as if they are not going to be co-operative though.
One possible suggestion is to have a word with the Council and see if there is any chance that the disk can remain at least until the end of the tenants contract. On the basis that you will definitely remove it at that time. Worth a try maybe.
What do readers think?
It is rare for planning permission to be required for putting up a satellite dish. I suspect that it has been put up in an inappropriate position (see http://www.planningportal.gov.uk/permission/commonprojects/antenna/) If that is the case, all that needs to be done is to move it.
I say that the landdlord/ agent are responsible.
The tenant has the right to use the dish which is included in the rental.
Rob
The problem with planning is:
“There will be no more than two antennas on the property overall”
And
“If you live in a flat, these limits refer to the building as a whole and not to each separate flat.”
So maybe ask the planning department what evidence they have that the dish on our flat was put up after the other two.
Just a thought – this property maybe in a block of flats in which case there is often a communal satellite on the roof to which these tenants could be linked in? There are costs involved with running cables from the roof into the flat but these are not insurmountable. Going forward to the future tenants do like to be able to have access to SKY and the other satellite channels so it is a good long term investment providing this in such a way as that it does not contravene with local planning. Is there no way that the satellite dish can be re-positioned in such a way as it is OK with the planners? Think landlord needs to do some legwork to find out more. His letting agent is clearly too laid back so perhaps a change of agent in future should be considered?
Perhaps SKY too should be bear some responsibility or at least their installer who must be aware that in the centre of an historic city such as Bath there will be planning restrictions on satellite dishes?
Interesting thread where I agree virtually 100% with Tessa. I have a lot of personal experience on this problem through a flat I rent for my son in a modern 3 floor block of 9 and where the freeholder refuses to allow individual dishes – there are 5 of these blocks over 30 years old, hardly things of beauty and surrounded by other blocks and houses with dishes!!
But if it is leasehold then Freeholder consent will be needed and even though as in my son’s case there is no communal system they still threaten to remove equipment if fitted. Quite why they object so much is beyond me.
Gina
No liability for SKY
Roger
You’d be surprised how frequent this LA consent is needed, and Ian is on the right lines.
Robert
Tenant only has right to do something that is legal (or not illegal etc) even if LL has ‘granted’ the right.