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spie
07-11-2005, 17:28 PM
Hi,

My friend signed a 6 month lease on Thursday,however has not yet moved in. As the property is a new build he has had to arrange a phone line to be put in/connected at a cost of £75. If it hadn't been a new build presumably the phone line would have been there already? Therefore anybody moving in after my friend gets the benefit of the phone line. Has anybody come across this before and do you think the LL should pay/contribute towards the phone line?

Another quick point, my friend had a call this afternoon from the lettings agency to apologise that over the weekend the LL had 'popped' in for the post - they weren't there as they hadn't moved in so wasn't a big deal, but does anybody think this is important?

Thanks

dazalock
07-11-2005, 17:49 PM
1. Legally the LL is not liable for the telephone line, unless your friend has it in writing that the phone line would be installed at the LL expense. In effect the flat is rented as seen.

2. The LL has no right of entry without your friends permission once your friend has taken up tenancy of the flat. To take tenancy your friend needs to have signed the AST, paid rent and occupied the flat, however acceptance of the keys could constitute occupying (consideration of the contract). So, yes, the LL has made unlawful entry. What does your friend wanto do about it?

spie
07-11-2005, 17:58 PM
1. Legally the LL is not liable for the telephone line, unless your friend has it in writing that the phone line would be installed at the LL expense. In effect the flat is rented as seen.

2. The LL has no right of entry without your friends permission once your friend has taken up tenancy of the flat. To take tenancy your friend needs to have signed the AST, paid rent and occupied the flat, however acceptance of the keys could constitute occupying (consideration of the contract). So, yes, the LL has made unlawful entry. What does your friend wanto do about it?

They signed the AST on Thursday, paid 1 month in advance and 6 weeks deposit and received the keys.

I don't think they want to do anything about it as it is early days and could have been a 'blip' - just wanted to see how people replied and whether my friend should be worried!

He probably wouldn't have known about the entry if the agency hadn't rang to apologise - so presumably they were trying to rectify his mistake.

Lets hope it was a one-off!

MrShed
07-11-2005, 22:31 PM
Regarding the phone line, there are two different sides....legally, and morally. Legally, dazalock is spot on. However, I think it would be fair for the landlord to contribute(certainly not pay the entire amount). But this would have to be negotiated with him, and if he says no then tough really! You could of course have it disconnected at the end of the tenancy if you really wanted :p

P.Pilcher
07-11-2005, 23:32 PM
Well, my morals suggested that I should pay for the initial installation of the telephone line less the standard re-connection fee. Actually, the builder laid the cable and provided the necessary patress in the property. When telecom turned up they said - "oh all the installation work has been done." So they fitted a master socket to one end of the cable and connected up the other end in their junction box and tenant merely had to pay a reconnection fee!

P.P.

spie
08-11-2005, 08:14 AM
You could of course have it disconnected at the end of the tenancy if you really wanted :p

Having it disconnected at the end is not going to get his £75 back!

Thanks for all your replies, I think I will advise him to negotiate with the LL. BT have already added the £75 to his first bill, so he's got nothing to lose!

MrShed
08-11-2005, 09:19 AM
Having it disconnected at the end is not going to get his £75 back!

No indeed not, but if you were feeling bitter at the landlord then at least this may force him to have to pay next time :p

justaboutsane
08-11-2005, 09:25 AM
When I moved into a falt in Bristol 3 years ago there was no phone line. I asked the Landlady if I could have one installed and she was already on the case! As I was the one who was going to sign the contract I had to pay for the connection but the landlady gave me a cheque for the connection fee. All I had to do was pay my bills!

I would say it all depends on your landlords, and the length of time the tenant intends to stay. Short term tenants would not get much use of the phone line but long term tenants would.

spie
08-11-2005, 17:20 PM
No indeed not, but if you were feeling bitter at the landlord then at least this may force him to have to pay next time :p

Surely life's too short to feel bitter for all that time over a phone line?! ;)