Q: We have two electricity poles in our garden and receive a "wayleave" payment of £26 a year. Recently we have received a letter from surveyors offering to negotiate a new agreement with UK Power Networks for a 20% fee and implying that a deal could be worth thousands of pounds. Now UK Power Networks has sent a letter out of the blue offering a fixed-term wayleave for five years for about £500. Has there been a change in the law about wayleaves? What should we do?
A: Electricity suppliers have a statutory right to install and keep power lines on private land. This is achieved by the company applying to the secretary of state for business, energy and industrial strategy for a wayleave if the parties cannot
agree one. This is an agreement giving permission for equipment to be kept on the land, and usually runs for a fixed period of time.
Ed Cracknell appears in The Sunday Times Home Experts answering a question about negotiating wayleave payments.
Ed is a senior associate in the property and housing litigation team. He specialises in all aspects of property litigation and property dispute resolution. His areas of expertise include landlord and tenant disputes, business lease renewals, rent and service charge recovery, possession proceedings, and dilapidations claims.
The Sunday Times Home Experts 15 September 2019