To ensure the Freeholder’s position is protected and to maintain control over their property, a Wayleave agreement should be entered into for each building.
A Wayleave agreement may be required when a tenant takes a tenancy to a property, be it residential or commercial, and wishes to install an internet connection through the common parts to serve a tenanted property. A Wayleave will also be required when a Network Provider wishes to install their network into a Landlord’s building.
If the route of the network is through land owned by somebody else then a Wayleave is required.
Most, if not all, newly refurbished buildings or new developments of residential or commercial units
may have fibre optic cables laid to each unit. However, older buildings may not have this infrastructure in place.
In most cases a Network Provider will need to install cabling and equipment, through the common parts of the building or to the exterior of the building.
Therefore, to ensure that the landlords’ interests are protected and the tenants can access a broadband service, a written agreement is necessary to document the consents that are being provided to the Network Provider. These agreements address matters such as costs relating to the installation, maintenance of the equipment and its removal at the end of the agreement, compliance with all safety regulations, rectification of damage caused, etc. The agreement will also ensure that the network provider does not acquire any rights of possession over the common parts by virtue of its equipment being installed. It is in the best interests of the freeholder to ensure that the rights and obligations of the parties are documented in detail.
We have pre-agreed Wayleave templates and agreed procedures with six of the main network providers already in place. These have been developed over the last 18 months and deployed with one of our main clients’ and parent company, Clarion Housing Group for whom we negotiate all Wayleave agreements. We are now able to offer this proven and tested service to other Freeholders.
Following numerous applications from Superfast Broadband Network Providers for access to Clarion’s vast property portfolio, we instructed Grange Property Management to act on our behalf. The service provided by Grange is always exceptional, from negotiating terms, agreeing route designs, through to ensuring that all Clarion’s installation requirements are fully complied with. The team at Grange Property Management always have our best interests at heart.Sharon Brown - Commercial Assets Manager, Clarion Housing Group