Hi John83 - I agree with you that in cases such as this the Occupier of the property probably should let BT know that they will need to obtain a wayleave from the superior site provider. That's assuming the Occupier's lease agreement explicitly restricts their rights in signing a wayleave for the property. The Code is clear that it is the Occupier of the land that has the right to sign a wayleave.
I disagree that this scenario is not what the Code is for. With every property in the country requiring at least one new fibre-optic cable in the near future it is exactly what the Code is for and is also why the Government is looking to further strengthen Operators' powers.
For those interested you may want to refer to https://www.ofcom.org.uk/__data/assets/pdf_file/0025...

So all he wanted all along was the £50 bill credit for Virgin, I wouldn't of paid him a penny tbh lol

Respectfully you are in la-la land if you think an UK comms provider is going to try and invoke their code powers to forcefully install broadband in private property against the owner / free holders wishes. Even the latest Telecommunications Infrastructure (Leasehold Property) Act passed earlier this year doesn’t remotely allow for that.

I have yet to see a residential property lease that allows the leaseholder to install comms services without the full written consent / permission of the property owner / lease holder.

Have a read up of wayleaves from Openreach:
https://www.openreach.com/help-and-support/obtaining...

Edited by Pheasant (Tue 17-Aug-21 14:05:39)

Hi Pheasant,
I've never been to la-la Land but I do work for an operator and we do politely write to private landlords explaining our code powers and more often than not with some success. After all full fibre rollout is not going to happen without the cooperation of landlords and every property is going to need a new fibre optic cable at some point. I agree that we would not take a landlord of a single private dwelling to tribunal as this would cost hundreds of thousands of pounds.
You're also right to highlight the TILP Act on which DCMS have just finished consulting about the detailed regulations to accompany the Act. Did you respond? They will allow an Operator to access a private property, with the court's consent (again probably costly to obtain), if a Landlord fails to respond to a wayleave request.
I'm not sure which part of the Openreach guidance you were referring to but I think it is mis-leading in places. You may want to look at para 9 of the legislation which can be found here:https://www.legislation.gov.uk/ukpga/2017/30/schedule/1/enacted

So let me get this straight, you (as in your company) write to private owners, freeholders and landlord and effectively threaten them, with your code powers?

Who do you work for? Don't be shy.

Having reading (with amusement) some of the comments on here, I think you face a choice of:

1. Asking again
2. Sticking with an existing service
3. Cracking on and getting fibre fitted. You may lose some of your deposit, and you've got the issue of a future "landlord's reference". The chances of you being "kicked out" before the end of your term are hovering around zero. But you may face an uncomfortable few months.

If in doubt always seek professional legal advice from a suitably qualified practitioner.

If was me, I'd keep my three quid in my pocket. His landlord's name will be on the tenancy agreement.

In any event, unless the OP rents a house it's unlikely that for £3 you'd get a straight answer.

And don't forget...

Advice is always helpful but some advice in the wrong hands can cause all sorts of issues and can cost a whole lot more when needing a professional to sort it out.

https://forums.thinkbroadband.com/fibre/t/4691356-re...

Wouldn't surprise me in the slightest if it was the case. I've come across countless cases of staff in both public and private bodies quoting statutory powers/exemptions without any understanding of the broader legislative context or surrounding case law. Not to mention the practicalities/cost issues of enforcing the same.

Quoting (in isolation) one sub sub sub section of a piece of legislation containing north of 1,000 sections is one of my favourites

In reply to a post by simonh__:

Advice is always helpful but some advice in the wrong hands can cause all sorts of issues and can cost a whole lot more when needing a professional to sort it out.

Good to know someone reads my posts