City Fibre Internet Fitting

[stoofur]

I live in a purpose build block of two flats. I am the freeholder of the block and we live on the ground floor. City Fibre have just fitted an internet connection for me. During the install they had to fit a bracket to the outside of the building on the first floor (I didn't know this was going to happen). During the fitting the lady who lives in the other flat has reacted badly to this bracket being fitted. I did not intend to upset her but now she is. Where do I stand legally? As I said, I am the landlord and freeholder of the block. She has a long term lease for her flat. Thank you for your advice.

[barry1010]

Does it interfere with her in any way? 

[bednobs]

are you HER landlord?

[FleshpotsOfDevon]

Did she react badly to the installation (which was probably a bit noisy) or to the bracket itself? 

[barry1010]

I take it her flat is the one the bracket is attached to.

[barry1010]

I she a leaseholder or a tenant paying you rent?

[stoofur]

Thank you everyone for responding so quickly.

1, Barry, no it does not interfere at all. It is just a telephone line that has been attached to the outside of her flat.

2, Bednobs, Yes I am her landlord. We live in the ground floor flat and she lives in the first floor (there are only our two flats in the block)

3. Fleshpots, she came home when the work was being done. I have to admit, I was there but I was working in my office so I was not really aware of what they were doing, but I would not have had an issue anyway. She was angry that they were doing it. If I had know before hand that this was going to have happened I would have let her know.

4. Barry, yes it is attached to the wall just underneath the roof. But we have other cables attached similarly anyway (old telephone line I assume).

5. Barry, she is a leaseholder. I own the freehold.

I have been reading up on the lease agreement and it says something like. She owns her front entrance (she has her one entrance), staircase leading to her flat, 1/2 of the joists between my ceiling and her floor, the inner walls up to the inside of the external wall.

So, I believe that she does not own the outside of the external wall anyway.

I know I should have let her know beforehand but I was getting my existing internet replaced. So, I assumed it was just going to be a plug and play thing. She was not here when they arrived and I was not going to send them away.

Anyway, thanks again for being so responsive. I'll be looking forward to any further replies.

Thank you,

Stewart

[barry1010]

So she is not responsible for maintaining the outside of her flat?

[Redhelen72]

Sorry just to confirm as I am a bit confused.

She owns her flat but as a leasehold and you have the freehold?

That does'nt really mean that you are her landlord though does it.

You need to check the leasehold agreement - in your situation I would have let her know I was having minor work carried out and it may disturb her (you were not to know that she was going to be out)

[barry1010]

I wouldn't have informed her, either.  My external internet box is three inches above the ground, I wouldn't have expected them to put it above the ground floor.

It's your wall, you can put what you like on it provided it doesn't affect her 'quiet enjoyment' of her property.  

[The Builder]

It seems like there has been a breakdown in communication between you and City Fibre.

Rather than simply take the money and move on to the next job, City Fibre, it could be argued, has a duty of care to the neighbour as a third party involved. Ideally, they should have involved her, if only as a matter of courtesy.

From what you say, the terms of her lease give her no direct control over the external fabric of the building. There will be stated terms & conditions regarding maintenance and repairs. These terms should be examined. I don't think there's anything she can do other than remain peeved.

She should have been told before the work took place, but I understand what you say.

 

[barry1010]

I am just confirming that it is a very small box with a wire running down.

[The Builder]

Barry, I'm assuming it's 'overhead' because it's fibre from a pole in the road, as opposed to underground cable.

[barry1010]

Good point, Builder.  I didn't realise that fibre internet was being installed using telephone poles. 

[stoofur]

Looking at it. I'm not sure it is even a box. A wire comes from the telegraph pole to her wall. It then runs down her wall to a box on my part of the wall. If the had come from the telegraph pole to my wall (lower part) it would have obstructed the road so there is no way they could have done that.

[The Builder]

That's right Stewart. Their is a statutory minimum height for suspended cables.

Openreach would normally ask for 'wayleaves' to give permission for cable to cross a third party's property. I imagine there is one in place already. We don't know. It's the kind of thing that City Fibre should take note of when installing.

I'm going off on one now. It needs legal opinion to clarify, but hopefully there's no need for all that.

[stoofur]

The installer didn't seem worried. I just feel bad that I may have inadvertently upset my upstairs neighbour. She can be a bit histerical. She is currently arguing with our nextdoor neighbour over something petty and I just want a quiet life. Anyway thank you all for your responses. I'll update you all if I end up getting sent down for it :-)