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Satellite Dish Revisited

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  • Satellite Dish Revisited

    I posted a message over a month ago about the Management Company failing to enforce a condition in the lease the prohibits the installation of a satellite dish on the building. JustinN kindly posted a reply.

    Now the Managment Company (i.e. the directors) want to install a communal satellite dish for the "benefit" of everyone, and propose to recover the cost by increasing the service charge. So now I am to be asked to pay towards something I do not want and that should not be there at all as the lease expressly forbids the installation of a satellite dish. The directors are not proposing changes to the lease and say a democratic vote of leaseholders gives them the right to have the communal satellite dish installed and charge ALL leaseholders whether they want it or not.

    What should I do? I do not want a satellite dish and feel I should not have to pay towards the cost of it. Would it be in order for me to withhold my "share" of the increased service charge - i.e. if the cost of the communal satellite dish were £450, deduct £50 as one of the nine leaseholders? I do not see how it is right that I should have to pay towards something that breaches the terms of the lease.

    I hope someone will advise me on this one.
    Last edited by Hotpend; 27-03-2011, 10:49 PM.

  • #2
    Re: Satellite Dish Revisited

    Read your lease.

    It is quite common for a freeholder to able to charge both for services and facilities he is obliged to provide and also those that he has a discretion to provide. If there is general wording allowing for charging for facilities that the freeholder decides to provide he may be authorised to charge for them - it all depends on the lease wording.
    RICHARD WEBSTERwww.rwco.co.uk
    As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

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    • #3
      Re: Satellite Dish Revisited

      Thanks, Richard

      I will look at the lease regarding the issues your raise. I am however still confused as to how the Management Company can install a satellite dish (or "authorise" someone to install one) when the lease specifically forbids the installation of satellite dishes. There is no discretion as I see it. The wording is clear and unambiguous. Please would you clarify this for me?

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      • #4
        Re: Satellite Dish Revisited

        The lease could specifically prevent a lessee from installing a satellite dish but say nothing about the lessor not doing so.
        RICHARD WEBSTERwww.rwco.co.uk
        As a conveyancing solicitor I want to be helpful (England/Wales only) but can't accept liability for this.

        Comment

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