BT Have no Wayleave for the equipment on my house

zoobon

Hi Everyone,

I'm having a real problem with BT/Openreach and really hope someone can advise.
I recently purchased a property which I am doing some major works to.
Down the side of the house, there is a driveway which belongs to a commercial estate behind the property, on the same side attached to the house is a BT junction box with about 10 BT lines that is serving the offices behind the house. Apart from the fact that it looks hideous, it's in the way of the work.

I first spoke with Openreach 6 months ago, after several emails and phone calls they came round to see the property and agreed that the cables were installed without permission and because they don't have a wayleave agreement, they would move the cables at no cost to me.
After several failed attempts to move the cables, they changed their mind and all of a sudden they are trying to put the responsibility back on to me.

See emails bellow...


Dear Mr Kelly,

Following our meeting today and previous meetings with John, I am writing to express my objection to your decisions on the above matter.
Your team accepted responsibility for the improperly installed cables and proposed three alternative following solutions. I appreciate these have posed difficulties in implementation but ultimately the issue remains unresolved. In summary you considered:-

1. To install a Telegraph pole on the opposite side of the road. This proposal was cancelled as other services occupying the space prevented erecting the pole.
2. We subsequently agreed to have the 10-15 cables currently connected to the house to be replaced by 2 single cables. Once again for reasons not explained, this was cancelled.
3. Your final solution proposed laying the cables under the road and connecting them to the offices behind the house. John the on site engineer requested that I obtain permission from the landlord to sign a Wayleave for BT to dig up the driveway. This was done.

As you can see, I have been very willing and have agreed to every suggestion BT have come up with but on behalf of BT you now advise that the work cannot be justified on grounds of cost. You further believe that the previous owners gave consent to BT to attach the cables to the house. This is not correct and you have not been able to substantiate this. In the absence of your being able to support that contention you are still obliged to resolve the issue and remove the cables from the house.

Before this is escalated, I urge to to review your decision and to resort to laying the cables underground as a matter of urgency.

Your sincerely

Dear Mr White

As we discussed on the day, we believe the cables would have been legally installed when they were erected some years ago, therefore charges will apply for them to be diverted, this is standard practise and is not cost driven.

I have attached a copy of the letter that has been posted to you which confirms our position.

Regards,
Chris Kelly
Network Investment Newsites Representative & Survey team leader - London North & East of England


The annoying aspect of this is that BT have already accepted responsibility and due to cost they are pulling the plug. Personally I think this is a disgrace.

Any suggestions?

DVardysShadow

Give them 28 days notice to either prove that the cables were installed legally or to remove them.

Buzby

However if the cables exist and were not installed with permission (note: not 'illegally') then unless they are willing to relocate it your options are limited. What usually happens is a fee is agreed for the private wayleave, which provides a peppercorn rental until they arrange to remove it. The owner has no right to sever the connection, as this whill simply polarise matters. If the installation pre-dated your arrival, then it will be very difficult for you to subsequently seek retrospective removal.

Tread warily, as they appear to have been reasonable in their negotiations, it is only to the issues of additional costs (and U/g works is VERY expensive) and if they say there's no budget for the additional work, it would be hard to argue that there was.