Openreach and Reluctant Factor

Hello

I was wondering if the collective wisdom can provide some ideas. Here are my details.

I'm a homeowner in an Edinburgh Multi-Dwelling Unit in which Openreach is willing to install fttp backbone access, (they'll install to hallway utility cabinets on each floor). There are also other owners in the building who would like fftp access.

Openreach require permission to do the installation and the Factor is being reluctant to say the least.

I have the support of my buildings committee in allowing Openreach access but am unsure if they can override an obnoxious Factor. Any suggestions on how to deal with a fractious Factor?

Thank You

I am guessing this what is called "Leasehold" in England and the Factor is the Freeholders representative.

It is all too common, the refusal to allow access and often without good reason just that they cannot bothered to read and sign the wayleave needed.

Check your lease (or equivalent) and does it have a clause about access to maintain, re-install, repair, update incoming services? That will be one way - can you imagine the furore if he/she refused Scottish Power approval to repair incoming electrical service!

Ask him/her as to why they are being obstructive and point out there is no cost to them. And if the comment above applies throw that at them.

There is a positive spin too: it's a free upgrade to the building which makes it more attractive to future tenants. (But don't let them use that as an excuse to put the rent up now

In reply to a post by bozotklown:

I have the support of my buildings committee in allowing Openreach access but am unsure if they can override an obnoxious Factor. Any suggestions on how to deal with a fractious Factor?

Factors, eh?! They should do what you (the owners) tell them. Have a formal meeting and decide you want FTTC then tell the factor of your decision and to allow Openreach to get on with it. All factors are a pain.

In reply to a post by MHC:

I am guessing this what is called "Leasehold" in England and the Factor is the Freeholders representative.

You guess wrong! The owners of each apartment are the owners of the whole building, they are not leaseholders they are the freeholders. The factor is a person appointed by the owners to undertake general maintenance, stair cleaning etc as well as major works at the direction of the owners.

In reply to a post by candlerb:

There is a positive spin too: it's a free upgrade to the building which makes it more attractive to future tenants. (But don't let them use that as an excuse to put the rent up now

As OP says, they're not renting, they're an owner. It's in Scotland which is a different country with different law and ways of doing things!

It's difficult to suggest a solution. You can try teaming up with your residents (neighbours) of your building and give pressure on the authority especially if there are leaseholder's board meetings.

My area was once planned for FTTP from Openreach and local building housing association (EastendHomes) here in Central London rejected wayleave agreement for both Openreach FTTP and Hyperoptic.

My plan was then reverted to FTTC and I finally got FTTC in October 2019, formerly I was on an Exchange Only Line which, gave me only 12Mbps with constant drop-outs regardless of provider.

For years Openreach Superfast was on a plan. Till this day the next 2-3 buildings near me in Central London still haven't even been upgraded to FTTC and they don't have FTTP as they are part of the same housing association who rejected FTTP wayleave! I feel sorry for them.

The problem is now with the Covid-19 lockdown, it is even more difficult to get hold of your authority as no meetings are taking place. The office is closed.

It is a simple case of having 1-2 people from the management team who are the obstacle to granting wayleave. In my case it is a Technical Services Manager called John Hinds who from the feedback of the Hyperoptic team, he has been hanging up their phone calls to avoid any talk. There is so much bureaucracy and red tape surrounding Fibre. The Housing Estate Manager has no power of his own and speaks on behalf of the Technical Services Manager, I have never managed to get hold of him in person and my emails from the Technical Services Manager have always been ignored.

Anyway, for now I am happy that I have FTTC and get 80/20 but then again, my authority has zero contribution for it and complete disregard for the suffering that I had gone through before that on ADSL. They probably aren't even aware that I now have FTTC, that's how indifferent they really are!

Unfortunately there is currently no UK law and order when it comes to having decent broadband. You can't sue your management team, unless of-course you are some very rich person who is willing to take them to court.

If that is teh case then why is approval needed?

The Factors I have to deal with in Scotland are appointed by te owners for running their properties and estates and are not simple maintenance people or cleaners.

In reply to a post by MHC:

The Factors I have to deal with in Scotland are appointed by te owners for running their properties and estates and are not simple maintenance people or cleaners.

I agree as I thought Factors in Scotland were the same as Property Managers in England who look after the freehold on behalf of the Freeholder. The Factor would still have to take instruction from the Freeholder (or whatever they are called in Scotland) if fibre was to be installed so I would suggest the OP tries to get in contact with them directly if the Factor isn't playing ball.

Edit: corrected a number of mistakes

Edited by deleted (Fri 26-Feb-21 15:41:07)

In reply to a post by MHC:

If that is teh case then why is approval needed?

I don't believe the factor's approval is needed. But factors... Anyone who's lived in a flat in Scotland knows they can be a law unto themselves. They won't do what you ask, they will do what they want. Sometimes they will come into your stair and do what was asked - by the people in the next stair.

There is the slight possibility OP lives in a listed tenement, but by the sound of their description they don't. That would lead to a whole different kettle of factors.