Hyperoptic Wayleave Agreement

Raconteur

Our street has just been laid with fibre and Hyperoptic have come knocking. While we are very keen to access FTTP, does anyone else have any issues with the wayleave agreement that properties are required to sign? It requires the fitting of a key safe allowing property access at any time, as well as the ability to put up marketing posters. Most concerningly, the contracts are asymmetically perpetual, so while Hyperoptic can cancel at any time by simply removing their equipment, the property cannot terminate at all under normal circumstances.

JenB79

Raconteur said:

Our street has just been laid with fibre and Hyperoptic have come knocking. 

You mean Hyperoptic have laid the fibre? If so, they would have obtained the necessary permissions BEFORE laying the fibre. Sooner or later all residents will be able to order from Hyperoptic (i'm assuming its a MDU). 

Raconteur

JenB79 said:

Raconteur said:

Our street has just been laid with fibre and Hyperoptic have come knocking. 

You mean Hyperoptic have laid the fibre? If so, they would have obtained the necessary permissions BEFORE laying the fibre. Sooner or later all residents will be able to order from Hyperoptic (i'm assuming its a MDU). 

The fibre has been laid in the street outside, though we're in a block of flats. They need the wayleave with the freehold (which we jointly own) to run the cable from the street over freehold land to the individual flats. Should have made that bit clear, sorry.

JenB79

Thanks, in that case its usually up to the building owners or property management company to allow access to Hyperoptic. Many do allow access without kicking up a fuss but there's also some who stubbornly resist. Are you having issues getting the joint owners to agree?

Raconteur

The other owners have reservations as do I. In particular, perpetual contracts with no termination rights are extremely restrictive and unusual in my experience. 

JenB79

Raconteur said:

The other owners have reservations as do I. In particular, perpetual contracts with no termination rights are extremely restrictive and unusual in my experience. 

Why on earth would you want termination rights on an essential utility? 

As for Hyperoptic withdrawing their service, pretty much zero chance of that happening unless they went bust. And even they did go bust, the FTTP infrastructure in the building would remain untouched making it easier for any new supplier to take over the service. 

I suspect you think you’re doing Hyperoptic a favour but in reality, it’s the other way around. It’s Hyperoptic who will be spending £10000s of their own cash to bring FTTP to your building. 

Raconteur

JenB79 said:

Raconteur said:

The other owners have reservations as do I. In particular, perpetual contracts with no termination rights are extremely restrictive and unusual in my experience. 

Why on earth would you want termination rights on an essential utility? 

As for Hyperoptic withdrawing their service, pretty much zero chance of that happening unless they went bust. And even they did go bust, the FTTP infrastructure in the building would remain untouched making it easier for any new supplier to take over the service. 

I suspect you think you’re doing Hyperoptic a favour but in reality, it’s the other way around. It’s Hyperoptic who will be spending £10000s of their own cash to bring FTTP to your building. 

To redevelop the property or any other number of reasons. Are you seriously suggesting Hyperoptic would be investing on this scale without the expectation of making a significant return??

JenB79

Raconteur said:

JenB79 said:

Raconteur said:

The other owners have reservations as do I. In particular, perpetual contracts with no termination rights are extremely restrictive and unusual in my experience. 

Why on earth would you want termination rights on an essential utility? 

As for Hyperoptic withdrawing their service, pretty much zero chance of that happening unless they went bust. And even they did go bust, the FTTP infrastructure in the building would remain untouched making it easier for any new supplier to take over the service. 

I suspect you think you’re doing Hyperoptic a favour but in reality, it’s the other way around. It’s Hyperoptic who will be spending £10000s of their own cash to bring FTTP to your building. 

To redevelop the property or any other number of reasons. Are you seriously suggesting Hyperoptic would be investing on this scale without the expectation of making a significant return??

So do you also have termination rights on your gas, electric and water supplies as well? And what would you do if Openreach (or another operator)) came along one day requesting to install FTTP under similar t&c’s as Hyperoptic? Would you reject them as well? It’s almost madness to suggest that you would rather stay on copper forever, which will be switched off one day anyway.

As for Hyperoptic wanting to make a return on their investment, of course that’s the case. They don’t want the unlikely scenario where 12 months later the residents rip out their cabling , which will be installed fairly discreetly anyway. They also wouldn’t  want  residents tampering with their equipment just like Openreach don’t allow people to tamper with anything beyond the master socket in your home.

Btw Hyperoptic will use fairly standard t&c’s across all MDUs, they won’t have special terms just for your building. If you’re that concerned I suggest you speak/meet with other building owners (or residents) in your area who have had Hyperoptic installed to get an idea of how they do things. Like I said, you’ll hardly notice it’s there as it will be installed fairly discreetly. And if you need to refurbish the bullding in future, I'm sure Hyperoptic would be willing to relocate their equipment if it gets in the way.

Raconteur

JenB79 said:

Raconteur said:

JenB79 said:

Raconteur said:

The other owners have reservations as do I. In particular, perpetual contracts with no termination rights are extremely restrictive and unusual in my experience. 

Why on earth would you want termination rights on an essential utility? 

As for Hyperoptic withdrawing their service, pretty much zero chance of that happening unless they went bust. And even they did go bust, the FTTP infrastructure in the building would remain untouched making it easier for any new supplier to take over the service. 

I suspect you think you’re doing Hyperoptic a favour but in reality, it’s the other way around. It’s Hyperoptic who will be spending £10000s of their own cash to bring FTTP to your building. 

To redevelop the property or any other number of reasons. Are you seriously suggesting Hyperoptic would be investing on this scale without the expectation of making a significant return??

So do you also have termination rights on your gas, electric and water supplies as well? And what would you do if Openreach (or another operator)) came along one day requesting to install FTTP under similar t&c’s as Hyperoptic? Would you reject them as well? It’s almost madness to suggest that you would rather stay on copper forever, which will be switched off one day anyway.

As for Hyperoptic wanting to make a return on their investment, of course that’s the case. They don’t want the unlikely scenario where 12 months later the residents rip out their cabling , which will be installed fairly discreetly anyway. They also wouldn’t  want  residents tampering with their equipment just like Openreach don’t allow people to tamper with anything beyond the master socket in your home.

Btw Hyperoptic will use fairly standard t&c’s across all MDUs, they won’t have special terms just for your building. If you’re that concerned I suggest you speak/meet with other building owners (or residents) in your area who have had Hyperoptic installed to get an idea of how they do things. Like I said, you’ll hardly notice it’s there as it will be installed fairly discreetly. And if you need to refurbish the bullding in future, I'm sure Hyperoptic would be willing to relocate their equipment if it gets in the way.

The freehold has a requirement to supply essential utilities to the individual flats under their leases, but given that we jointly own the freehold, we could absolutely terminate these utilities tomorrow by joint consent (not that we ever would). 

I understand that an investment is required to run fibre to a property and so I would expect a termination clause structured to recover those costs if cancelled within a certain period of time. That is reasonable. What is unreasonable (and unusual) is to have no right to terminate whatsoever. 

I understand that we received a standard wayleave. What I don’t understand is the need for the restrictive clauses in it. I have spoken to the neighbours and many share my concerns. 

You seem to have a vested interest here. Are you an employee?

JJ_Egan

Thats a bit off . Poster is just someone that knows about the in and outs of the industry and has been very helpful to many posters .

Why dont you just say no to hyperoptic and let them by pass the property .

JenB79

Raconteur said:

JenB79 said:

Raconteur said:

JenB79 said:

Raconteur said:

The other owners have reservations as do I. In particular, perpetual contracts with no termination rights are extremely restrictive and unusual in my experience. 

Why on earth would you want termination rights on an essential utility? 

As for Hyperoptic withdrawing their service, pretty much zero chance of that happening unless they went bust. And even they did go bust, the FTTP infrastructure in the building would remain untouched making it easier for any new supplier to take over the service. 

I suspect you think you’re doing Hyperoptic a favour but in reality, it’s the other way around. It’s Hyperoptic who will be spending £10000s of their own cash to bring FTTP to your building. 

To redevelop the property or any other number of reasons. Are you seriously suggesting Hyperoptic would be investing on this scale without the expectation of making a significant return??

So do you also have termination rights on your gas, electric and water supplies as well? And what would you do if Openreach (or another operator)) came along one day requesting to install FTTP under similar t&c’s as Hyperoptic? Would you reject them as well? It’s almost madness to suggest that you would rather stay on copper forever, which will be switched off one day anyway.

As for Hyperoptic wanting to make a return on their investment, of course that’s the case. They don’t want the unlikely scenario where 12 months later the residents rip out their cabling , which will be installed fairly discreetly anyway. They also wouldn’t  want  residents tampering with their equipment just like Openreach don’t allow people to tamper with anything beyond the master socket in your home.

Btw Hyperoptic will use fairly standard t&c’s across all MDUs, they won’t have special terms just for your building. If you’re that concerned I suggest you speak/meet with other building owners (or residents) in your area who have had Hyperoptic installed to get an idea of how they do things. Like I said, you’ll hardly notice it’s there as it will be installed fairly discreetly. And if you need to refurbish the bullding in future, I'm sure Hyperoptic would be willing to relocate their equipment if it gets in the way.

The freehold has a requirement to supply essential utilities to the individual flats under their leases, but given that we jointly own the freehold, we could absolutely terminate these utilities tomorrow by joint consent (not that we ever would). 

I understand that an investment is required to run fibre to a property and so I would expect a termination clause structured to recover those costs if cancelled within a certain period of time. That is reasonable. What is unreasonable (and unusual) is to have no right to terminate whatsoever. 

I understand that we received a standard wayleave. What I don’t understand is the need for the restrictive clauses in it. I have spoken to the neighbours and many share my concerns. 

You seem to have a vested interest here. Are you an employee?

No, I don’t work for Hyperoptic. I was just trying to reassure you that you’ve got nothing to be concerned about. However if you (and other residents) are determined not to have future proof internet connectivity in your building , then that’s your right. Just a shame that other residents wanting faster speeds will have to suffer the consequences of your actions. Anyway good luck.