Mark Loveday
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Q I recently bought a flat in a purpose-built block. While refurbishing the property, I received a phone call saying that my builders had cut off the TV signal for the block. The builders only replaced the TV aerial socket, but the other residents blame us for the disruption.
We have been threatened that if it happens again we will be responsible for all costs to have the aerial system fixed and that the management company will charge us the cost on top of its management fees. Surely I have the right to make changes to my own property?
A The TV, phone and electrical systems inside the flat are the responsibility of the leaseholder unless the lease says otherwise. However, the leases of modern blocks with communal cable TV or broadband computer connections will often specifically say that you cannot tamper with them. Check the terms of your lease to see whether there is such a provision.
Generally, you have no right to install or interfere with aerial wiring outside your flat. Apart from any specific provision in the lease that says as much, this will be a trespass. Having said that, rights to have cabling or a satellite dish outside a flat can be acquired as an easement in a number of ways - typically where the freeholder has not objected to them over a long period.
Apart from any specific obligations under the lease or trespass, the law of nuisance may also apply. The legal question whether someone can sue for nuisance as a result of interference with their TV reception is - how can I put it - a bit fuzzy. In the leading 1997 case of Hunter v Canary Wharf the House of Lords ducked the question of principle, although it did decide that local residents could not complain that Canary Wharf Tower caused problems with their TV pictures. In your case, I think that if your builders have done something to the aerial socket that cuts off the signal to other flats, this would constitute an actionable nuisance.
Assuming your builders have done something wrong, the freeholder or management company will be able to recover the reasonable cost of putting it right. They can do so either by demanding payment under a special provision in the lease or by claiming the cost as damages for trespass or nuisance.
The writer is a barrister at Tanfield Chambers. E-mail your questions to: property.consumer@thetimes.co.uk
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