Managing company won't allow me to install dish

[FJ]

Hi
I really need your advice on this one mates.

I moved to a new flat which I bought with a “share of freehold”.
However the managing company is saying that I am bound with the lease which does not allow me to install a dish. :?

Having a share of freehold, do they really have the right to enforce the lease terms on me?

The block has a communal dish which receives Sky channels from Astra 2. However, I am mainly interested in Hotbird to receive European channels. Can someone advise on how I can exploit this existing dish? E.g. add a second LNB may be?

In addition to that I found a European Union document stating that preventing someone from installing a satellite dish is a breach to his human rights hence everyone should have the right to install a dish as he wishes.

The document published by the European Commission can be found in this link:
http://europa.eu.int/information_soc...antenna_en.pdf

In page 11, it specifically mentions the following:

As a result, any national measure which limits the ability to receive transmissions and services via satellite dishes is also required to be compatible with Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which specifically enshrines “the freedom to receive ... information and ideas without interference by public authority and regardless of frontiers”.

Note that the British government agrees with the European Union recommendations given in the above mentioned document. Indeed in a comment by the House of Commons on that communication, it concluded the following:

“The document has already been discussed at the Satellite Action Plan Plenary Meeting on 9 and 10 July and there are no plans to produce any specific legislative proposals. Nevertheless the document is important in re-stating certain core principles of EC law in a significant area, and as the first initiative under the Commission's new Strategy for Services. We are pleased to note that UK policy accords with all the principles in the Communication. The Communication is intended only as guidance, and we are content to clear it.”

You can have more details in the section entitled “Commission Communication on the application of general principles of free movement of goods and services (Articles 28 and 49) to the use of satellite dishes.“ found on the following web site:
http://www.publications.parliament.u...2-vi/15207.htm


So mates, anyone who can have any input on this?

I am planning to seek a legal advice and maybe go to court.
Do you think I will have any chances.

I think that this matter, especially with the EU communication, can be of interest to many people so let’s take this seriously and mobilise all together

Thanks

FJ

[Jimdefruit]

Its the old chestnut of what is reasonable for a communal building. I dont know how many occupants your building has but it is likely that the law would consider a satellite dish receiving uk transmissions would meet the legal requirements.

It is perfectly feasible to add lnbs to receive other satellites but that would have to be agreed and paid for by all tennants. Would you be able to get that agreement?

[BGonaSTICK]

Welcome FJ

OK - firstly, I don't think any of us are legal experts, so anything we can tell you is just personal opinion and interpretation, but I should point out straight away that the first line of your quote states:

"As a result, any national measure which limits the ability to receive transmissions and services via satellite dishes"

...so for me, that pitches this at the level of national governments blocking satellite reception to the citizens in general.

The UK Government statement also seems to back up this reference.

Further, your specific situation is also likely to be significantly undermined by the fact that you have clearly signed the lease to which you refer, and have therefor waived any right to install further dishes in contravention of that lease.

That's just my laymans take on it. I've certainly never heard of anyone winning a case against such a lease restriction and having it rescinded.

Now, getting onto the dish thing, yes more LNBs could be fitted, or a larger dish with more LNBs could replace what's there with minimal interruption to other residents viewing.

I would take a conciliatory approach to the management company and try and persuade them to accommodate you before getting too stroppy.

How many flats are you talking about, and how reasonable are your neighbours?

[FJ]

Thank u guys for your replies (though still not very encouraging )

There are about 30 flats in my block.

Regarding the communnal dish the EU document says the following:

– giving preference to placing individual satellite dishes in areas that would not be visible from the street, or as unobtrusive as possible (for example on a private, interior balcony or in a spot behind the edge of the roof rather than on the facade of the building);
– providing for a single dish, rather than a number of them, for the same user, or installing a single, shared dish, rather than several individual dishes, for a reasonable number of different users (although this must not block the installation of additional private dishes for additional services, the choice of installers available to the individuals, or, whatever the circumstances, the option of setting up a private antenna if a dispute arises among the users);


Can a 2nd LNB be installed to receive both Astra 2 (current) + Hotbird? I reckon the size of the dish is about 90cm

Thanks

[Analoguesat]

I think you will find the EU regs arent worth the paper they are written on. As far as I am aware they are guidelines not enforcable rules.

[BGonaSTICK]

Yes, 90cm is big enough for those two LNBs

Back to the legal aspect briefly, the fact remains that you signed the lease. If your lease said that you had to wear a bobble hat all year round whilst living in the property, then that is enforceable under UK law.

You've obviously never been a landlord 8)

[nanochickin]

You could always just install it and hope they don't notice.

My tenancy agreement with the housing association states i can only have 1 small dish. I'm on my third now. For how often i get bothered by them and the fact the back off the house where the dishes are can only be seen from my neighbours back gardens i thought it was worth the risk. If its on a balcony & can't be seen that easily i would just do it.

The only other thing that you could do is get permission off all the other people who share the leasehold.

I had to do that with the one flat i had in Aberdeen just to get a Sky dish installed after OnDigital and Atlantic cable went tits up. The only difference was that it wasn't leasehold it was feudal-hold which is only ever found in Scotland.

You will probably find that even if you do install it the worst thing that can happen is that they will tell you to remove it.

[satsid]

hi m8 have a word with the landlord about 1 dish for all tennants.if he or she is ok maybe a wave dish for all tennants.try sell it to him that it a good thing for tennants now & to come later.could use say a quad lnb 2 serve other tennants as well.the wave dishes come in 2 sizes 55cm or 90cm.try to 2 get other tennants involed here,just a thought.if you can put 1 of these up you can add other lnbs for other sats as well.good luck with your landlord.
sid

[jontydog]

I would go with what Nanochicken says and put it up anyway. The worst thing that can happen is they will tell you to take it down.

[BGonaSTICK]

Yes, that's probably the worst that can happen, although I would try to get some kind of communal agreement first as once you do your own thing, you'll probably have burnt your bridges :?