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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Our Landlord told us we could have a satellite dish anywhere

Resolved Question:

Our Landlord told us we could have a satellite dish anywhere on the building (before we moved in). We had told him that we only wanted the apartment on the understanding that we could have a satellite dish installed, he said "yes, no problem". However, the building is listed and we are on the first floor and there is nowhere to put a dish. We have just had the final word from the Resident's Association (after 8 months) and we no longer want to stay. My partner is an avid cricket fan and he is unable to follow the sport that he loves. The Landlord has broken his promise and now he wants us to pay fees for re-advertising the apartment. We've already lost over £800 in Sky charges and now we've got to pay for another move. Where do we stand?
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you reduced your agreement with the landlord into writing please or was this just verbal?

Joshua :

Why have you incurred charges with Sky? Did you install a dish and then have to take it down?

Customer: We did write it on our application for the property and we have discussions about it in our e-mails to the agents. The Landlord and the Agents had said there was no problem so I extended my contract with Sky for a further 18 months. Sky refused to reduce the package as I had signed up for a further term. The Landlord also told us that the property did not have a Resident's Association and therefore nobody to approach re:the sat dish. Sky came out to install the dish and were prevented from doing so by the Res Association who then stated "the landlord knows it's against the regulations".
Joshua :

Thanks. Do you have the landlord/agents above confirmation in writing or just verbally?

Joshua :

If the latter do they accept that they confirmed as much?

Customer: They have not denied that the satellite dish was an agreed stipulation of ours. Probably because there are e-mails and some paperwork with it on. I do have the Landlord's consent to install a dish in an e-mail.
Joshua :

Thanks. Could you tell me what the landlord says in his email?

Customer: Yes, he says: "he has no problem with you installing dish as others have them you may wish to speak to them or Sky directly". This is from his letting agents but after they had spoken to him.
Joshua :

Thanks. If you can show that you made it clear that the installation of a dish was critical and that the tenancy was conditional upon you being able to do so and that the landlord agreed that you could do so, that the landlord was able to give you permission to install a satellite dish places him in breach of contract

Joshua :

it is important that you can demonstrate that you made it very clear that the tenancy was conditional upon you being able to install the dish and that the landlord expressly confirmed that you were able to in order to raise such a claim

Joshua :

if you can demonstrate this by reference to correspondence, you can seek damages from the landlord for breach of contract. In order to recover your charges paid to Sky you would need to be able to show that you incurred such charges in reliance upon the landlord confirmation and that you are unable to mitigate or reduce those costs - i.e. you asked that they were reduced but Sky refused.

Customer: I thought it might. I just needed clarification on the matter. Would it be worth me contacting the agents and asking for a meeting before I take this any further? There were so many people involved in investigating whether a dish could be installed that it would be ridiculous for the Landlord to be dishonest.
Joshua :

in addition, if you can demonstrate that the tenancy was conditional upon the erection of a dish as opposed to something you would just like to be able to put up, then these are grounds for rescinding the contract early without incurring reletting fees.

Joshua :

accordingly, he may consider initially putting the above points to the landlord and giving the landlord notice of your intention to leave as a result going to breach of contract as to best of contract and that you will not be paying any rent beyond the date you notify owners any claim the landlord considers you have is against you will be fully defended in the County Court together with a claim for damages for your lost satellite charges

Joshua :

Is there anything above I can clarify for you?

Customer: That is excellent and thankfully backs up what I thought.
Customer: thank you.
Customer: Can I save this chat and then print it later?
Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. This will also save the chat thread to your account. If there is anything else I can help with please reply back to me though.

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