Is there a legal right to Freeview? (Tenant)

ispartacus75

I know its a strange question but let me explain.

I moved into an apartment block 13 months ago. The apartment block has a communal aerial and communal satellite dish. In our apartment we have a wall connection point for TV (aerial), Radio (aerial) and Sat 1, Sat 2 (for Sky, Sky+, Sky+ HD).

When we moved in we only had a CRT TV, the area had already completed the digital swtchover so there was no point in trying to hook up a CRT to the aerial socket as it wouldnt pick anything up. We could have got a freeview box but decided against it as we planned to get an LCD/Plasma soon after moving in, so instead we subscribed to Sky.

In the end we didnt get a new plasma TV until Boxing Day just gone, a few days into the new 12 month tenancy. Hooked up the Sky box, everything there was fine. Connected the TV to the aerial socket in the wall so that we could tune the TVs built in freeview and there was no signal. It was one of those things we would have to speak to building management about. Anyway, kinda forgot about it.

Yesterday the satellite distribution for the entire block went down due to a fault somewhere. This isnt being rectified until Friday afternoon at the earliest. Because we cant get a signal through the aerial socket in the wall either we have no access to TV at all.

I have now spoken to building management who say that they are not prepared to pay for someone to come and rectify the fault as we have Sky.

1. What if we decided to get rid of Sky?
2. Other people in the apartment block have current working access to freeview (and they also subscribe to Sky) so can we be denied that same access?

So there you have it, is there a LEGAL right to freeview? Can I force the landlord to rectify this fault?

davemurgatroyd

Unless you have specific agreements in your tenancy agreement/lease then there is no specific requirement for them to provide a specific service. They have met their requirements by providing a satellite connection - it does not have to be Sky, freesat will work on exactly the same connection subscription free. Once the satellite system is working they have met their obligations unless agreements between you state otherwise.

ispartacus75

Thanks for the quick response. Does that apply even if others in the same block do have access to the service?

davemurgatroyd

As I stated it is all down to the agreements you have.

ispartacus75

I have just looked at the terms of the contract. It states:

The landlord must keep in repair the structure and exterior of the Property (including drains, getters and external pipes) and keep in repair and proper working order the service installations and heating and hot water systems in the Property.

Would TV points count as service installations? If not by the wording of the contract they wouldnt even be legally obliged to repair the currently faulty satellite installation, leaving many of us with Sky contracts we couldnt use.

Kurtis_Blue

You are paying a service charge, find out what for.
I would be fairly confident this covers your aerial installation, BUT not necessarily for freeview at present.