My next door neighbour is having fibre optic cables fitted and the provider needs to dig up my driveway to do so.
But the first I knew about it was when I saw my drive marked by spray paint for the place to dig. Do I have any say in what’s going on?
S. R., Cheshire.
Broadband row: A reader has been told Openreach will have to dig up his driveway so they can lay fibre optic cables for his next door neighbour (file picture)
Dean Dunham replies: I see from pictures you emailed me the letters ‘OR’ were sprayed on your drive.
This means ‘Openreach’ and this is the company that maintains telephone cables, ducts, cabinets and exchanges that connect nearly all UK homes and businesses to broadband and telephone providers.
On most occasions Openreach will need to have what is called a wayleave agreement in place to install or repair equipment on private land, or inside a property, where it provides a service to people who are not the legal owner of the land or a property, such as an apartment building.
A wayleave is a written legal agreement between Openreach and the land or property owner and its purpose is to give Openreach permission to install, maintain or repair the network equipment on your property.
However, there are three circumstances where Openreach does not have to approach the owner of private land and agree a wayleave agreement.
Firstly, if a wayleave agreement is already in place. Land owners often find that such an agreement was put in place with a previous owner. You will be bound by it.
Secondly if a previous land owner has asked for the service; and thirdly, in limited circumstances, where the works are deemed extremely urgent.
You therefore need to find out if a wayleave agreement is in place. Check the UK Land Registry (landregistry.uk) and look for wayleave agreements on your property. If you find one, obtain a copy and read carefully to ascertain what rights Openreach has.
One of the things you should look out for is whether you are entitled to compensation under the agreement.
This will either be a ‘one-off’ payment – which will be of no interest to you as it will have been received by a previous owner – or an annual payment, which will be of interest as you may now be in for a pay day.
If no such agreement is in place, write to Openreach and ask: ‘With no wayleave agreement in place, what right to do you have to enter my land, spray paint my drive and dig it up?’ I think you’ll find it contacts you to rectify the situation.
You can ask for some compensation for the inconvenience. If you refuse to accept a new wayleave agreement, a wayleave hearing will normally take place.
Broken tumble dryer’s warranty is just about to expire
My tumble dryer has stopped working and is near the end of its warranty.
I’ve asked the retailer for a repair but the date given for a callout is after the end of the warranty. What are my rights?
N. B., London.
Dean Dunham replies: Retailers often mislead consumers into thinking warranties are the ‘be all and end all’, and that when they expire your rights expire with them. This is not the case.
The warranty, provides you with a contract with the warranty provider (typically the manufacturer of the goods) and the automatic rights to have the goods repaired or replaced if they turn out to be faulty during the warranty period and no exclusions apply.
The warranty period is not an issue here as you have ‘reported’ the issue before its expiry, but sometimes warranties will only cover certain issues.
Your first port of call is to look at the warranty terms and see what it says in relation to how long repairs and replacements should take.
If a time is cited, you throw this at the store/manufacturer and say there will be a breach of the warranty terms if they fail to deal with the matter now.
Notwithstanding my advice above, as I have said, the warranty does not represent your only rights.
The Consumer Rights Act 2015 gives you more power. In relation to your faulty tumble dryer it says that if the issue is a ‘manufacturers fault’ (meaning you did not cause it and the issue is not just ‘wear and tear’), you will be entitled to a remedy – a repair, replacement or partial refund.
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