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My friend bought a flat (leasehold) directly from the developer in a London estate. There are a few courts in the estate but it is all managed by the same management company which is associated with the developer.

The flat was bought off plan months before completion.

After moving in my friend discovered a massive antenna on one of the buildings, not the one they live in. However they are very concerned and would have pulled off if they'd known.

Other than getting along with the developer, what legal options do they have to action against it?

Not sure if it matters but it was bought with Help to Buy (20% of the flat belongs to the UK government) and the lease is for 999 years. There are social housing and shared ownership in the building too.

  • So the antenna had not been built at the time of purchase? Would it have been reasonably possible for the buyers to know that an antenna was planned to be built? Were building plans publicly available through the local government, for instance? – Nate Eldredge Oct 1 '16 at 13:27
  • @NateEldredge the antenna wasn't there at time of purchase they wouldn't have thought of it, assumed everything like this is covered by the survey – The dude Oct 30 '16 at 22:30
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Providing the antenna was installed in accordance with the law it's hard to see what basis they could either void their lease or seek damages.

The antenna poses no risk to health (non-ionising RF radiation is harmless) and you have no rights in any view it may be blocking there is no damage.

The only thing that I can see is if there was misrepresentation at the time the lease was formed. That is, the developer knew that there was going to be an antenna and specifically said there wouldn't be. This falls flat if a) they never mentioned antennas or b) the decision to install it was made after the lease was formed.

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