Fibre install blocked by neighbour

djbenny07

Hello,

A while ago we had a wayleave form from virgin sent to us regarding fibre install in our area. this was to allow virgin to pass through the cable on our property. the neighbours rent the property from an unobtainable (it would seem) landlord that does not seem to care. Now the neighbours are having fibre installed as the fibre stops at their propert whilst the rest of our street remains uncabled. Is there anything that can be done? I contacted Virgin but they dont seem to know what else can be done without permission; Ive also just contacted our MP to see if there is anything further they can do

Browntoa

find out who the landlords agent is , get them to contact the landlord . Get them to tell the landlord that a wayleave means money for them each year for doing nothing....

djbenny07

I don't think they go through an agent. I did manage to call the landlord once. he swore at me then hung up when i called regarding the fence on his boundary.

Browntoa

you need them to agree , ring them , claim to be another neighbour if you wish and mention Virgin are trying to get hold of them to "negotiate an annual payment for a wayleave"


else look up the address here


https://www.gov.uk/search-property-information-land-registry


pay £3 for the deeds which will show the owner and see if you can track them that way , if you are lucky its a business

Uxb

Well there is the nuclear option:
But you will need Virgin to use it - and it costs them money plus bad PR so none of the utility companies like using it.
Instead they either find an alternative route or simply don't bother and go elsewhere where there is less aggro as the OP has discovered.
As follows:
All the utility companies have this in their armoury against the 'awkward squad' - its sometime referred to as their 'code powers'.
Where it is deemed that a particular route through private property is unavoidable and the inability to use that route is hindering the installation of a significant service for the general public good then the utility companies can issue a statutory order against the owner.
This give them the right to enter onto the private land regardless of the owner wishes to install their apparatus with duties on them to make good damage etc. If the owner wants to object then there is provision for them to apply to court via a sort of judicial review process if they think that there are other routes or that the service is not essential.
I'm sure that inability to contact any owner in such cases is not a hinderance in the application of the acts - I'd guess they would simply pin it to the house door for 30 days and then deem it as both served and not objected to.

The only time I've seen it used is a by a water company wanting to lay a new water main on a private road - so private land.
Rather than have to organise wayleaves with each owner, every house owner simply got a statutory notice by recorded delivery giving the water company the right to just get on with the work: I was one of them.

[Deleted User]

djbenny07 wrote: »

Hello,

A while ago we had a wayleave form from virgin sent to us regarding fibre install in our area. this was to allow virgin to pass through the cable on our property. the neighbours rent the property from an unobtainable (it would seem) landlord that does not seem to care. Now the neighbours are having fibre installed as the fibre stops at their propert whilst the rest of our street remains uncabled. Is there anything that can be done? I contacted Virgin but they dont seem to know what else can be done without permission; Ive also just contacted our MP to see if there is anything further they can do

Can your neighbours not just give permission? How do Virgin check to see who can give permission or do they just need a bit of paper signing?

unforeseen

The nuclear option is only available to the gas electric and water companies via the Gas Act, Electricity Act and Water Industry Act.

Telecoms companies although utility companies do not have this right as there is no empowering act to allow them to do so and and they are able to overfly properties to provide telecoms services. The fact that Virgin only ever bury their cables is their problem to sort.

unforeseen

Colin_Maybe wrote: »

Can your neighbours not just give permission? How do Virgin check to see who can give permission or do they just need a bit of paper signing?

I would think to prevent expensive court cases further down the line they ensure that only one or all of the people named on deeds signs.

System

Colin_Maybe wrote: »

Can your neighbours not just give permission? How do Virgin check to see who can give permission or do they just need a bit of paper signing?

They don't own the property. Virgin would check with Land Registry. If the neighbours did give the permission it could result in both the neighbours and Virgin being liable for damages.

unforeseen

I don't understand why they are trying to route the main feed through people's properties. The main feed normally runs down streets under pavements.

OP, any reason that they can not use their normal routing?

iniltous

As others have said, why the need for wayleaves at all ?, standard method of installation is VM lay their duct in the public road/footpaths which they have the right to do under NRSWA , each property they pass has a 'spur' point , still in the footpath , but opposite each property they pass, when someone orders service, VM install cable in the duct from the cabinet to the 'spur' outside the house, then 'dig in' the cable from the spur up to the house wall, no wayleave is required for this dig in bit, as they are normally going through the land/garden of the house ordering service, if you own the home , you give permission, if you rent, then the landlord may have a say (but why would they object ?) or how would they know, consent is implied if a council tenant rather than a private landlord who may want to be asked.
If your area is not standard, and either the roads are not adopted by the council , so outside NRSWA , or there isn't a spur outside every property , and VM want to go through someone else's garden/property/land to serve a someone else's property, then a wayleave is required, the person who is required to provide the wayleave is under no obligation to agree ( in effect, 'can we put this cable thru your garden to serve your neighbour ?'....answer 'No, p***off')
Are you saying that VM want to run the duct that would normally be in the public road/footpath , through private propertys instead, and although you agree, a neighbour who rents (so cannot sign a wayleave as they are not the owner) and the 'owner' is uncontactable, or has refused VM's application to do this ?
There is the possibility of trying to get a compulsory wayleave, but I doubt VM would bother, so basically, if VM need someone else's permission to put in service , and that person doesn't agree to VM going on their property, then you won't get VM service...
It's worth noting that wayleaves are negotiable, so it's possible that VM approach that person, who says they agree to VM putting cables on their property, but want £10,000 for it, it then becomes a case of , is it worth it for VM to pay that much, so the problem may not be consent, but the amount the person wants, and much like, it's up to them to give permission or not, it's also up to them how much they ask for, VM may have offered as little as £100 for a 'forever' wayleave, or may have offered nothing at all, but the benefit of being able to receive VM services at list price , and if you don't live in that property, it's not much of an inducement