Sky dish without permission – Can I remove it?

by Readers Question

3 weeks ago

Sky dish without permission – Can I remove it?

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Sky dish without permission – Can I remove it?

My tenant has put up a sky dish which is not permitted by the management company. We have a letting agent (who deals with the tenant on our behalf) and they have asked him to remove it numerous times over the past 6 months and he has not taken it down.

The management company’s lawyers have now issued a legal notice to us as landlords and have threatened court action if the dish is not removed by a certain date.

Can I remove it myself or is that trespass?

Many thanks

Lindsey



Comments

I'd start by checking the precise wording of the lease, asking the lawyers to specify the grounds on which they consider that you are responsible for the unauthorised actions of your tenant and seeking further advice depending on what they say.
The external walls are probably not part of the property leased to you and the satellite dish does not belong to you, so I would be very careful about interfering with it.

H B

3 weeks ago

Don't think you can.
What were you thinking of doing with it after removing it?

Ian Cognito

3 weeks ago

If the Headlease forbids external aerials/dishes, whether explicitly or implicitly, then this should have been included in your Tenancy Agreement; perhaps under a Schedule of Special Conditions.
How long is the Tenancy Agreement? Is there a break clause?
Is the property a flat in a block? How big is the block? Are there other properties in the block with a dish? Do other properties receive 'Sky Channels' and, if so, how? Perhaps via cable?
If the dish is definitely not allowed, but the tenant was not aware, then a practical solution is required.
If the agreement is nearing its end, or you can enforce a break, BUT you'd prefer to retain the tenant, then tell him/her nicely that, regrettably, he/she will have to go unless the dish is removed. Explain that your hands are tied.
But also tell the Tenant that you will discuss the issue with other owners and, if others would like to receive Sky but cannot, you will suggest that the Management Company investigates the installation of a communal dish.
Sky is no longer a luxury.

Lindsey Froud

3 weeks ago

Reply to the comment left by Ian Cognito at 30/05/2018 - 21:12
Thank you for your comments . The dish is on a balcony not attached to the wall. the flats do have a communal sky dish but it doesn't seem to reach our flat. There have been attempts by sky to resolve the problem but I am struggling to find out what has or hasn't taken place. I am not convinced the tenant was informed of the conditions of the tenancy agreement or read them before signing the document as there have been a number of issues. However he is fully aware of the conditions now! The tenancy is up in September.

Ian Cognito

3 weeks ago

Reply to the comment left by Lindsey Froud at 31/05/2018 - 11:29
If I were in your position, I'd want to get to the bottom of why the Communal Dish doesn't reach my flat. What about the flat above? Below? Next door?

You could serve the tenant notice and advise the Management Company that the dish will be removed in September when the tenant has left.

But if you're unable to offer a Sky connection, you'll then be excluding potential future tenants.

The priority has to be getting connected to the Communal Dish.

Nick Pope

3 weeks ago

The basic fact is that the dish was provided by Sky, they fitted it without permission (in my experience they never even ask the occupier if the property is tenanted) and consequently, it's their problem. I appreciate that you may wish ro keep the tenant but as others have said, if there is a communal Sky dish they should be making efforts to get the flat connected.
It's interesting that it's not actually fixed to the walls but to the balcony. I wonder if it could simply be made free-standing rather than fixed, in which case the management co. would have difficulty in enforcing. The lease would normally prevent "fixing" to the walls or main structure. Unfix and Bob's your uncle.

Badger

3 weeks ago

Reply to the comment left by Nick Pope at 02/06/2018 - 08:32The problem with free-standing is the slightest knock or misalignment and you are going to lose the satellite.

Nick Pope

3 weeks ago

Reply to the comment left by Badger at 02/06/2018 - 11:44True, but I have seen them fixed to large concrete paving slabs which tend to stay put but, at the same time are not actually fixed to the structure.

Lindsey Froud

3 weeks ago

Reply to the comment left by Nick Pope at 02/06/2018 - 11:55
I have spoken to sky who say they assume that the subscriber has permission to install the dish and that it is the responsibility of the householder. The bottom line is that the dish has to be moved by a set date and the tenant will do as requested - he has been advised that all costs we incur will come out of his deposit but he insists that he cannot live without sky sports. I am keeping my fingers crossed that the dish is removed before the date requested. Meanwhile the block management have gone to ground and I cant get any information on getting sky via the communal dish. All very stressful and unnecessary.


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