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Mixed tenure schemes


Leaseholders and tenants will have different expectations of what television services they would like and what they are prepared to pay for. Property managers can find reaching an agreed solution difficult, when considering the upgrade of the communal TV aerial.

In all situations, both leaseholders and tenants have legal rights and recourse to the Leasehold Valuation Tribunal (LVT) or the Rent Assessment Committee (RAC) if the managing agent or landlord has acted unreasonably in relation to consultation or service charges.

'Calling All Landlords' is a good practice guide about consultation for both the private and public sectors. Below are some tips about managing the implementation and potential tension between tenures in the same block.

Managing mixed tenure schemes

  1. Make sure you are clear about the rights, roles and responsibilities of each party as defined in the lease or tenancy agreement.
  2. Invite both leaseholders and tenants to the same meeting. Holding separate meetings can result in each group hearing a different message.
  3. If you are installing an Integrated Reception System (IRS) to give all residents access to satellite services from the communal system, be clear on your position about removing individual satellite dishes as these will usually belong to the resident:
    • If you are removing them from the exterior of the building as part of the upgrade, they should be returned to the resident, or the resident should give you a signed disclaimer allowing you to dispose of them.
    • If you require the residents to remove the dish or aerial themselves, make sure that it is realistic option and can they do it safely.
  4. If you have BAME residents who will not be able to access their preferred TV service through the communal system, if all satellite dishes have to be removed, are you able to accommodate any of their TV expectations within the current planning guidelines.
  5. Some residents may refuse to allow access to the contractors to connect the cables and install a new outlet socket. Even if the resident does not wish to use the new service, their lease or tenancy agreement may still require them to contribute to the cost of the work. Residents should be informed in writing of any costs that could be incurred should they subsequently want the services connected once the contractor has left the site – before or after switchover.
  6. Leaseholders who decline to have their property connected to the communal system should be advised that if they wish to sell the property, the lack of a connection for digital TV services will be disclosed to all potential buyers as part of the response to the purchasers’ enquiries.
  7. The resident should be required to sign an informed consent form indicating that they understand and accept the implications of not being connected to the communal TV aerial system, including the removal of the satellite dish.
  8. Depending on the legal or financial position, public sector landlords may want to consider if there is scope to be flexible in the payment mechanisms or cost recovery approach for leaseholders. So for example, if the costs are going to be depreciated and recovered from tenants over 10 -15 years, could this be extended to leaseholders, even if the lease allows for a one off payment or charge upfront or in the year in which the costs are incurred.
  9. Any deviation from the organisation’s standard position should be formalised in writing.
 

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