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QUESTION
Dear Sir
I manage a block where people have moved into. They have installed a dish on the wall adjoined to wires attached through the window to their flat!!
How do you suggest I go about having it removed???
Reader name withheld
ANSWER
There is case law supporting a presumption that external walls are included in the demise, but most modern leases of flats expressly exclude the structure and/or exterior of the building. If the dish has been installed on the landlord’s property, an injunction to remove the satellite dish and/or damages for trespass may be possible. Self-help (i.e. simply removing the satellite) may be available in theory, but is very risky in practice and not recommended. If there are covenants prohibiting this (e.g. against interfering with the landlord’s property), an action for damages and/or an injunction may be a possibility (for breach of covenant).
A warning: the leaseholder may argue they have a human right to receive satellite TV shows from their homeland (as per Khurshid Mustafa and Ttarzibachi v. Sweden).
Roger Hardwick, Head of Leasehold Enfranchisement, Brethertons LLP