Frequently Asked Questions
Most claims take between 24 and 48 months to complete. However, this timescale can be affected by factors outside our control, such as budgetary constraints of the distribution network operators. We appreciate that it’s a long period of time, which is why we start the process as soon as we receive your form, and we chase the network providers every step of the way to make the process as quick as possible. After all, we don’t receive a fee until you do.
We can negotiate one of the following on your behalf (depending on the network):
- Easement: An ‘easement’ is a one off, lump sum payment for the network provider to have permanent rights to the equipment written into the deeds of the property.
- Wayleave: A ‘wayleave’ is a termed agreement, much lower than an ‘easement’ in value but doesn’t grant permanent rights to the network provider. Therefore, the agreement would be terminated upon sale of the property, and the new homeowner can then apply.
The receivable amounts in both cases depend on a variety of factors, for example, the type of equipment or the distance to the property. Each case is individually assessed and negotiated by one of our experienced surveyors as part of our commission. The amount paid by the network provider in most of our cases is between £1,000 and £25,000.
Thomson Broadbent works exclusively for homeowners and is entirely independent from the network providers. With over 23 years’ experience, we are a leading RICS regulated utility and infrastructure consultancy having represented over 90,000 homeowners. Our experience allows us to easily handle the negotiation process with the network provider’s surveyors, taking into account legal and valuation precedents in order to achieve the best possible outcome. We provide the following services inclusive of our fee:
|· Land Registry Checks
· Property Inspections (if necessary)
· Valuations and Submissions of a Claim
· Chasing the network providers on your behalf for regular updates
|· Face to face negotiations of offers
· Instruction of solicitors and reporting acceptances
· Reviewing deeds to check for miscellaneous terms
· Chasing your payment
We will carry out the necessary research to see if the permanent rights have already been granted by a previous owner. If they have, we will inform you (providing a copy of the Deed where possible) and close our file at no cost to you.
If you sell your property before your claim is completed, the right to negotiate a new agreement will pass to the new owner and no charges will be incurred for the work carried out.
You can complete the form by clicking here or alternatively if we have sent you a form please complete and return it so we can start the process on your behalf
Owners (including landlords) of any residential property provided they own the subject property on the day the scheme officially opens (the Relevant Date) and on the day the claim is served. The property has to be occupied on the day the claim is served.
Normally claims can only be served after the first and before the seventh anniversary (sixth anniversary in Scotland) of the Relevant Date. If an interest in a property is disposed of (transferred or sold) during the first year after the scheme opening then your claim needs to be submitted before the transfer is completed as the right to make a claim will pass once the property has been disposed.
Compensation is payable to homeowners in respect of the loss in value of the property caused by noise, dust, pollution and artificial lighting arising from the use of the new works.
Our commission is up to 20% plus VAT of any compensation negotiated. Please note our fee is not due until the compensating authority has paid your compensation. If the claim proves unsuccessful we confirm that we bear all the costs and you will have NOTHING to pay.
We have successfully negotiated compensation for over 90,000 homeowners affected by a variety of transport and utility infrastructure schemes. Thomson Broadbent is the UK’s leading RICS regulated residential property compensation consultancy.
If the property is subject to a mortgage then the rules require the compensating authority to obtain your lender’s permission to pay the compensation directly to you. Very occasionally a lender may request that the compensation is used to reduce the mortgage balance, however, we have only known this to happen when the account is in arrears.
The compensating authority will only accept one claim per property and will only deal with one Agent. Please note that by appointing more than one firm to represent you can significantly delay the processing of your claim. As a general rule, the first appointed Agent is the one which will see the claim through completion, any others will normally withdraw in favour of the first appointed Agent. However, some firms reserve the right to charge for abortive work. If you cannot recall whether you have already appointed an Agent please call for further advice.
If you would like us to act on your behalf, please complete the enquiry form on the Road, Rail and Airport page.
We have successfully represented over 90,000 homeowners affected by a variety of transport and utility infrastructure schemes. Thomson Broadbent is the UK’s leading RICS regulated residential property utility and infrastructure consultancy. Regrettably, recently a number of non RICS firms have overnight become ‘experts’ in this field. They have settled a relatively small number of cases, often at significantly lower levels, which are now being quoted back at us in an effort by electricity companies seeking to reduce the tone we have negotiated over many years. Fortunately, we are able to resist this pressure because of the comprehensive range of precedents we can quote.
If you are the registered legal owner of the property where electricity equipment is situated and no permanent rights have previously been granted you will be eligilbe to claim for wires, poles and stays.
If you are unsure, please call us on 01536 273697 and we can advise whether your property qualifies.
Yes, and as wayleave agreements usually expire upon sale of the property it is likely that no written agreement exists if you haven’t arranged one yourself.
If you sell your property before your claim is completed, the right to negotiate a new agreement will end and the new owner will be able to claim if they wish.
If you sell the property within the agreed termed period of the agreement, the agreement will automatically terminate and will not be tied to the property itself.
It is unusual for a low voltage equipment to be held on a deed of easement however we will carry out the necessary research to see if a previous owner has already granted the rights. If they have, we will inform you (providing a copy of the Deed where possible) and close our file at no cost to you.
The amount paid by the electricity company to retain their equipment is subject to validation and in most cases they will pay in the region of £100 – £1000 depending on the nature of the equipment.
We only charge a success fee of 20% plus VAT which is payable following the payment made to yourself by the electricity company in respect of a new agreement. Please note we operate on a no win, no fee basis, which means that there are no costs to pay unless we are successful in sourcing you a new agreement.
Most of our claims take between 6 months and 2 years to complete, however this timescale can be affected by factors outside of our control such as budgetary constraints within the electricity providers.
Thomson Broadbent Wayleaves are experienced and extremely knowledgeable in sourcing wayleave agreements for homeowners and are experienced in handling all enquiries to ensure the process is as smooth and stress-free as it should be.
You cannot instruct more than one agent to act on your behalf to source a wayleave agreement.
Please note that should you appoint more than one agent it can significantly delay the processing of your case. If you cannot recall whether you have already appointed another agent please call for further advice.
If you have received one of our mailings you should also have received our ‘Authority to Act’ form, if you wish to instruct us to act on your behalf for the wayleave claim, complete the form and return it using the free post envelope.