Q: Aerials

Aerials Q: Since our last AGM I have set up a folder for risk assessment/relevant details for outside contractors, should we employ them. There are a couple of matters that each of our flat owners deals with themselves, ie windows, tv aerials, and it was in this context that we had a discussion. If we were employing a contractor to take down an aerial, we would ask for relevant information ie public liability insurance etc, but if the individual flat owner employs them, then we wouldn't? We kicked it around a bit and decided the best thing was to refer to yourselves for some guidance, and you have always been so very helpful in the past. FPRA Committee Member Bob Slee replies: This is always desirable but not necessarily always enforceable; much depends on the wording of the lease. In your case, I believe your lease provides the means to do so. The position with regard to aerials is covered in Section 6 of the First Schedule of the lease. Erection of aerials is subject to the written consent of the landlord and such consent might justifiably include a requirement for contractors erecting the aerial, and undertaking any subsequent repairs or removal, to provide evidence of appropriate third-party liability insurance. More generally, the Second Schedule of the lease grants a number of “easements’ to the lessee allowing workmen to undertake various cleaning, repair and maintenance functions. Section 7 of the Second Schedule underlines the liability of the lessee, in taking advantage of these easements, to ensure among other things that the landlord is not placed at any risk and, in this respect, the landlord is also given power to specify any reasonable rules and regulations. I would suggest that specifying a requirement for any contractor appointed by the lessee to produce evidence of third-party liability insurance would be a reasonable requirement. [Submitted April 2019]

Q: Aerials

Aerials Q: Since our last AGM I have set up a folder for risk assessment/relevant details for outside contractors, should we employ them. There are a couple of matters that each of our flat owners deals with themselves, ie windows, tv aerials, and it was in this context that we had a discussion. If we were employing a contractor to take down an aerial, we would ask for relevant information ie public liability insurance etc, but if the individual flat owner employs them, then we wouldn't? We kicked it around a bit and decided the best thing was to refer to yourselves for some guidance, and you have always been so very helpful in the past. FPRA Committee Member Bob Slee replies: This is always desirable but not necessarily always enforceable; much depends on the wording of the lease. In your case, I believe your lease provides the means to do so. The position with regard to aerials is covered in Section 6 of the First Schedule of the lease. Erection of aerials is subject to the written consent of the landlord and such consent might justifiably include a requirement for contractors erecting the aerial, and undertaking any subsequent repairs or removal, to provide evidence of appropriate third-party liability insurance. More generally, the Second Schedule of the lease grants a number of “easements’ to the lessee allowing workmen to undertake various cleaning, repair and maintenance functions. Section 7 of the Second Schedule underlines the liability of the lessee, in taking advantage of these easements, to ensure among other things that the landlord is not placed at any risk and, in this respect, the landlord is also given power to specify any reasonable rules and regulations. I would suggest that specifying a requirement for any contractor appointed by the lessee to produce evidence of third-party liability insurance would be a reasonable requirement. [Submitted April 2019]

Question 1

Aerials

Accepted Answer

Aerials Q: Since our last AGM I have set up a folder for risk assessment/relevant details for outside contractors, should we employ them. There are a couple of matters that each of our flat owners deals with themselves, ie windows, tv aerials, and it was in this context that we had a discussion. If we were employing a contractor to take down an aerial, we would ask for relevant information ie public liability insurance etc, but if the individual flat owner employs them, then we wouldn't? We kicked it around a bit and decided the best thing was to refer to yourselves for some guidance, and you have always been so very helpful in the past. FPRA Committee Member Bob Slee replies: This is always desirable but not necessarily always enforceable; much depends on the wording of the lease. In your case, I believe your lease provides the means to do so. The position with regard to aerials is covered in Section 6 of the First Schedule of the lease. Erection of aerials is subject to the written consent of the landlord and such consent might justifiably include a requirement for contractors erecting the aerial, and undertaking any subsequent repairs or removal, to provide evidence of appropriate third-party liability insurance. More generally, the Second Schedule of the lease grants a number of “easements’ to the lessee allowing workmen to undertake various cleaning, repair and maintenance functions. Section 7 of the Second Schedule underlines the liability of the lessee, in taking advantage of these easements, to ensure among other things that the landlord is not placed at any risk and, in this respect, the landlord is also given power to specify any reasonable rules and regulations. I would suggest that specifying a requirement for any contractor appointed by the lessee to produce evidence of third-party liability insurance would be a reasonable requirement. [Submitted April 2019]

Question 2

Aerials

Accepted Answer

Aerials Q: Since our last AGM I have set up a folder for risk assessment/relevant details for outside contractors, should we employ them. There are a couple of matters that each of our flat owners deals with themselves, ie windows, tv aerials, and it was in this context that we had a discussion. If we were employing a contractor to take down an aerial, we would ask for relevant information ie public liability insurance etc, but if the individual flat owner employs them, then we wouldn't? We kicked it around a bit and decided the best thing was to refer to yourselves for some guidance, and you have always been so very helpful in the past. FPRA Committee Member Bob Slee replies: This is always desirable but not necessarily always enforceable; much depends on the wording of the lease. In your case, I believe your lease provides the means to do so. The position with regard to aerials is covered in Section 6 of the First Schedule of the lease. Erection of aerials is subject to the written consent of the landlord and such consent might justifiably include a requirement for contractors erecting the aerial, and undertaking any subsequent repairs or removal, to provide evidence of appropriate third-party liability insurance. More generally, the Second Schedule of the lease grants a number of “easements’ to the lessee allowing workmen to undertake various cleaning, repair and maintenance functions. Section 7 of the Second Schedule underlines the liability of the lessee, in taking advantage of these easements, to ensure among other things that the landlord is not placed at any risk and, in this respect, the landlord is also given power to specify any reasonable rules and regulations. I would suggest that specifying a requirement for any contractor appointed by the lessee to produce evidence of third-party liability insurance would be a reasonable requirement. [Submitted April 2019]

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