Leaseholder erected satellite dish without F's consent

[Donkin]

Hi

I am the freeholder of a converted Victorian Townhouse and the leaseholders upstairs have attached a Sky dish without asking me.

There are two Clauses, which reflect my concerns

Not to place erect attach to or exhibit or permit to be placed erected attached to or exhibited on the demised premises or any part thereof or upon or to or through any windows of the same any sign notice advertisement aerial structure or thing of any kind or nature whatsoever without the Landlords written consent

That where the Flat is severed horizontally from another flat or flats forming part of the said property the point or points of severance shall be the underside of the floor joists or other structural floor material to the underside of which any laths and plaster or plaster board or other non structural material shall be affixed but excluding such laths and plaster or plaster board or other material and the ownership of all internal and external walls pipes wires cables conduits and gulleys and other property so severed shall be determined accordingly

A further Clause contains

the following parts of the said property as are not comprised in any of the Leases of the flats that is to say all roofs roof rafters chimney stacks gutters rain water pipes foundations boundaries and fences

From my limited legal knowledge I do not know where the comma should go in the second clause.

Does it go before
material, and the ownership of all internal and external walls pipes – which would indicate they have some ownership of the external walls
or after
material and the ownership of all internal and external walls, pipes – which would indicate they have no rights to the external walls

My question is: Are they in Breach of their Lease from the first Clause or have they trespassed from the second Clause in that they do not own the external walls and are hence outside their lease?

Either way can I remove the dish or do I have to accept it?

[Poppy]

Yes, your lessees are in breach of their lease by not seeking permission to erect the dish on the exterior of the building.

I, too, am a freeholder and have faced the same situation. I handled it by writing a letter firstly to enquire if it was their satellite dish and at the same time to insist on inspecting the work done (eg where have they drilled the hole into the flat, any damage, see if there are any other breaches). The point of the letter is to place you firmly back in control of the building in the mind of the lessee. I am, by the way, assuming that your leases allow the freeholder to inspect the flats.

If the lessee in question had asked for my permission, I would not have refused. I would merely point out a convenient site to locate the dish. I now have a situation where satellite dishes are placed in rather disparate locations.