Virgin Media – Landlord Wayleave Form?

Virgin Media – Landlord Wayleave Form?

9:09 AM, 14th March 2023, About A year ago 26

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Hello, My tenant has just sent me an email from Virgin Media asking for her to gain permission from the landlord to allow her to have internet set up at a flat.

Virgin Media want me to sign a Wayleave Form.

On the one hand its nice to be asked for a change – I’ve never had a media company tell the tenant to ask the LL, so I am wondering if this is a new thing?

In principle this sounds like they just need to fit a box etc, but then I’ve read the first terms and conditions and thought…hang on a min…

Anyone else had this with VM or another provider? Did you say yes or no??

Thank you,

DSR

 

Agreement allowing access to property to install or maintain
electronic communications apparatus
This agreement is made under the electronic communications code set out in schedule 3A to
the Communications Act 2003 (as amended and as may be further amended, modified,
replaced or brought back into effect) (‘the code’).
This agreement is between us, Virgin Media Limited (company number 2591237) whose
registered office is at Media House, Bartley Wood Business Park, Hook RG27 9UP, an operator
(as defined in the code), and you, the owner of the property listed below on this page.
Your full name: …………………………………………………………………………………………………..
We need written permission to allow us to install, operate and maintain electronic
communications and media apparatus (as defined in the code) (‘the apparatus’), which forms
part of our electronic communications network.
Owner’s declaration
I grant you the rights listed in clause A below, on the terms and conditions stated below for the
following property.

The property: ……………………………………………………………………………………………………..

Your signature: ………………………………………………………………………………………………….

TERMS AND CONDITIONS
Standard terms and conditions
A. Our rights
1) You grant us the right to install, operate, keep and inspect the apparatus on, over or under the property and to carry out work on the
property that is necessary to install, operate, maintain, adjust, inspect, alter, add to, connect to, replace, repair or remove the apparatus
and use the apparatus, and to enter the property and access the apparatus for these purposes.
2) You grant us the right to interfere and obstruct any means of access to the property.
3) You grant us the right to lop or cut back or ask you to lop or cut back any tree or vegetation that interferes with the apparatus.
B. Your obligations
4) You confirm that you are the freehold owner of the property, or you lease the property under a lease for a term of a year or more and
that you are entitled to grant these rights.
5) You must not knowingly do or allow anyone else to do anything which causes damage or is likely to damage or interfere with the
apparatus.
6) You must give us at least six months’ written notice if you plan to carry out any work which will or is likely to have a negative effect on
the apparatus.
7) Nothing in this agreement will prevent or restrict you from altering, developing or redeveloping any buildings, property or land (you must
still keep to clause B.6 above and any restrictions stated in the code).
C. Responsibility and liability
8) We will take all reasonable precautions to reduce as far as possible any damage when carrying out our rights under this agreement,
and will repair, to your reasonable satisfaction, any damage we cause to the property.
9) We will cover you against liability for all third-party claims, costs, proceedings and damages (‘claims’) arising out of us failing to keep to
this agreement or being negligent in carrying out our rights under this agreement as long as you tell us about any claim as soon as
possible, do not agree or settle any claim without first getting written permission from us or our insurers (which will not be unreasonably
withheld or delayed), make reasonable efforts to reduce your losses, and allow us to defend the claim in your name. We will cover the
cost of defending the claim.
10) Our liability to you under or in connection with this agreement will be limited to £2,000,000 (two million pounds), and does not include
any liability for any indirect or consequential loss (including loss of profits, business, revenue, contracts or anticipated savings). We do
not restrict or limit our liability to you for death or personal injury caused by our negligence.
11) The apparatus will always remain our property (both while this agreement is in force and after it ends).
D. Length of this agreement
12) This agreement will remain in force from the date written above for the whole period during which we are an operator (as defined in the
code).
13) If you want to terminate this agreement, you must give us at least 18 months’ written notice stating why. We have the right to serve a
counter notice within 3 months’ of receiving your notice to terminate, and can also apply to the court within 3 months of serving our
counter notice to request that we can continue to exercise our rights under this agreement and the code.
E. General
14) Any notice you or we give under this agreement must be in writing and will be considered to have been given to the other if it is
delivered by hand or sent by ordinary first-class post and addressed to the last known address of the other party. (Any notice you send
to us must be sent to our registered office and marked for the attention of Legal Affairs.) Notice delivered by hand will be effective
immediately and notice sent by post will be effective 48 hours after posting.
15) We may transfer or share the benefit of this agreement and any rights it provides with any person who the code applies to under the
Communications Act 2003 (as amended, modified, replaced or brought back into effect). Where we refer to ‘us’ or ‘we’ in this
agreement, this also includes anyone we transfer the rights to or share the benefits with.
16) You and we agree that this agreement does not create a relationship of landlord and tenant.
17) This agreement is binding. You cannot cancel, amend or alter it without our written permission, except as stated in the code.
18) This agreement is governed by laws of England and Wales and disputes arising out of this agreement will be decided in courts of
England.
19) Unless we tell you otherwise and except as stated in the code, nothing in this agreement will give any person any rights under the
Contracts (Rights of Third Parties) Act 1999.


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Comments

AnthonyG

11:51 AM, 14th March 2023, About A year ago

I notice is that the tenant can possibly make this agreement with Virgin provided the tenancy is at least a year and you have allowed them to have internet installed (para 4). Like you, I would be wary about signing such an agreement as a landlord. I have never been asked to sign such an agreement in 13 years of being a landlord. Having said that, if I were a telecoms company, this might be good practice. Government guidance is here: https://www.gov.uk/guidance/guidance-on-access-agreements . I will be interested to see what others say.

DPT

11:59 AM, 14th March 2023, About A year ago

I think they're asking because they will almost certainly have to bring the cable to the front of your house (across any front garden/driveway) and drill a hold through one of your exterior walls for the cable access to the router.

Smartermind

12:06 PM, 14th March 2023, About A year ago

We've had tenants install Virgin fibre and they neither informed us or asked for Landlord consent. Then when the tenants vacated, Virgin wrote demanding return of the modem. Our attitude was "not our problem", as it was a contract between Virgin and the tenants.
Just tell the tenants to sort it out with Virgin at their own risk and liability.

By signing this contract you may unwittingly end up as guarantor for the tenants.

Paul Power

12:06 PM, 14th March 2023, About A year ago

Be wary of virgin. They dug a trench in my front lawn based on a neighbours agreement that I only found out about after returning from holiday and I'm having a hell of a job removing them. Plus you can't cut and remove them yourself as it falls under communication acts that may make it criminal

Marlena Topple

12:33 PM, 14th March 2023, About A year ago

Is it really the case that you do not have an internet provider? If so is there a good reason why the tenant wants an alternative? In your shoes I might sign if I thought it would significantly benefit my tennant. However I would insist on being there on the day of installation to agree where cables enter the property, the location of the router and the cable runs. In my experience installers do what is easy which is not necessarily the most practical or aesthetically pleasing install.

Crossed_Swords

12:45 PM, 14th March 2023, About A year ago

Reply to the comment left by Marlena Topple at 14/03/2023 - 12:33
New installations require fibre - any existing internet will be along the copper BT wires

Darren Peters

13:14 PM, 14th March 2023, About A year ago

"2) You grant us the right to interfere and obstruct any means of access to the property."

Not a lawyer but if you do this you have agreed to them building a brick wall in front of the front door. Bit extreme but you've allowed it.

Is this a contract? If so what is the consideration to you? Ie what are you getting in return?

Also, I don't know your exact situation but when utilities have a wayleave, they pay something per year to the Freeholder. Why should Virgin get that Wayleave for free?

See here:

https://www.gov.uk/guidance/guidance-on-access-agreements

Chris Bradley

13:54 PM, 14th March 2023, About A year ago

When my tenants moved in they wanted virgin, I insisted I was there at the installation, both to confirm an acceptable route for the cable and external wall box. Then I was also there for the second appointment for the drilling through the external wall and the positioning of the internal box, which often requires another electric point.

Simon Williams

14:15 PM, 14th March 2023, About A year ago

In 99% of cases, nothing untoward would happen by signing. The problem is that these agreements massively over-egg the pudding legally, conferring loads of rights and liberties on Virgin and obligations on the unsuspecting landlord.

In the past, I simply told tenants that as a long leaseholder, I could not sign it because drilling holes for wires between inside and outside the flat would require freeholder permission.

reader

14:40 PM, 14th March 2023, About A year ago

If permission is given make sure you first of all have a site meeting and agree a plan for where the cables might run along.
The installers don't care in the slightest and install the simplest route for them often leaving unsightly wiring and sometimes potential trip hazards.
Virgin are for that reason often refused permission because of previous bad experiences, whatever they promise!

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