Virgin Media – Landlord Wayleave Form?

Hello, My tenant has just sent me an email from Virgin Media asking for her to gain permission from the landlord to allow her to have internet set up at a flat.

Virgin Media want me to sign a Wayleave Form.

On the one hand its nice to be asked for a change – I’ve never had a media company tell the tenant to ask the LL, so I am wondering if this is a new thing?

In principle this sounds like they just need to fit a box etc, but then I’ve read the first terms and conditions and thought…hang on a min…

Anyone else had this with VM or another provider? Did you say yes or no??

Thank you,

DSR

Agreement allowing access to property to install or maintain
electronic communications apparatus
This agreement is made under the electronic communications code set out in schedule 3A to
the Communications Act 2003 (as amended and as may be further amended, modified,
replaced or brought back into effect) (‘the code’).
This agreement is between us, Virgin Media Limited (company number 2591237) whose
registered office is at Media House, Bartley Wood Business Park, Hook RG27 9UP, an operator
(as defined in the code), and you, the owner of the property listed below on this page.
Your full name: …………………………………………………………………………………………………..
We need written permission to allow us to install, operate and maintain electronic
communications and media apparatus (as defined in the code) (‘the apparatus’), which forms
part of our electronic communications network.
Owner’s declaration
I grant you the rights listed in clause A below, on the terms and conditions stated below for the
following property.

The property: ……………………………………………………………………………………………………..

Your signature: ………………………………………………………………………………………………….

TERMS AND CONDITIONS
Standard terms and conditions
A. Our rights
1) You grant us the right to install, operate, keep and inspect the apparatus on, over or under the property and to carry out work on the
property that is necessary to install, operate, maintain, adjust, inspect, alter, add to, connect to, replace, repair or remove the apparatus
and use the apparatus, and to enter the property and access the apparatus for these purposes.
2) You grant us the right to interfere and obstruct any means of access to the property.
3) You grant us the right to lop or cut back or ask you to lop or cut back any tree or vegetation that interferes with the apparatus.
B. Your obligations
4) You confirm that you are the freehold owner of the property, or you lease the property under a lease for a term of a year or more and
that you are entitled to grant these rights.
5) You must not knowingly do or allow anyone else to do anything which causes damage or is likely to damage or interfere with the
apparatus.
6) You must give us at least six months’ written notice if you plan to carry out any work which will or is likely to have a negative effect on
the apparatus.
7) Nothing in this agreement will prevent or restrict you from altering, developing or redeveloping any buildings, property or land (you must
still keep to clause B.6 above and any restrictions stated in the code).
C. Responsibility and liability
8) We will take all reasonable precautions to reduce as far as possible any damage when carrying out our rights under this agreement,
and will repair, to your reasonable satisfaction, any damage we cause to the property.
9) We will cover you against liability for all third-party claims, costs, proceedings and damages (‘claims’) arising out of us failing to keep to
this agreement or being negligent in carrying out our rights under this agreement as long as you tell us about any claim as soon as
possible, do not agree or settle any claim without first getting written permission from us or our insurers (which will not be unreasonably
withheld or delayed), make reasonable efforts to reduce your losses, and allow us to defend the claim in your name. We will cover the
cost of defending the claim.
10) Our liability to you under or in connection with this agreement will be limited to £2,000,000 (two million pounds), and does not include
any liability for any indirect or consequential loss (including loss of profits, business, revenue, contracts or anticipated savings). We do
not restrict or limit our liability to you for death or personal injury caused by our negligence.
11) The apparatus will always remain our property (both while this agreement is in force and after it ends).
D. Length of this agreement
12) This agreement will remain in force from the date written above for the whole period during which we are an operator (as defined in the
code).
13) If you want to terminate this agreement, you must give us at least 18 months’ written notice stating why. We have the right to serve a
counter notice within 3 months’ of receiving your notice to terminate, and can also apply to the court within 3 months of serving our
counter notice to request that we can continue to exercise our rights under this agreement and the code.
E. General
14) Any notice you or we give under this agreement must be in writing and will be considered to have been given to the other if it is
delivered by hand or sent by ordinary first-class post and addressed to the last known address of the other party. (Any notice you send
to us must be sent to our registered office and marked for the attention of Legal Affairs.) Notice delivered by hand will be effective
immediately and notice sent by post will be effective 48 hours after posting.
15) We may transfer or share the benefit of this agreement and any rights it provides with any person who the code applies to under the
Communications Act 2003 (as amended, modified, replaced or brought back into effect). Where we refer to ‘us’ or ‘we’ in this
agreement, this also includes anyone we transfer the rights to or share the benefits with.
16) You and we agree that this agreement does not create a relationship of landlord and tenant.
17) This agreement is binding. You cannot cancel, amend or alter it without our written permission, except as stated in the code.
18) This agreement is governed by laws of England and Wales and disputes arising out of this agreement will be decided in courts of
England.
19) Unless we tell you otherwise and except as stated in the code, nothing in this agreement will give any person any rights under the
Contracts (Rights of Third Parties) Act 1999.

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