A wire recently fell down by my front door, and I discovered it was going into my next-door neighbour’s house and providing his fibre broadband connection.

We use the same internet provider, and when it installed his broadband, it piggy-backed on the existing junction box attached to the front of my house and ran the cable across to his, instead of putting in a new one in front of his own house. 

Is this unlawful use of my property? It doesn’t cost me anything, but I feel it is a violation.

M.A., address supplied.

No telecoms provider has a blanket right to run cables across, or to hang equipment off, private property without consent.

The relevant rules are found in the Electronic Communications Code, which is contained in the Communications Act 2003, and was amended by the Digital Economy Act 2017.

The code gives telecoms operators rights to install and maintain apparatus, but those rights must either be agreed with the landowner or imposed by a tribunal. They are not free to help themselves.

If you have never signed a wayleave agreement granting this use, the provider has, in my view, trespassed on your land. 

The fact that the wire has now fallen only strengthens your case, as it is now a safety issue as well as a property one.

I would advise you to do three things. First, write to the broadband provider (and keep a copy) stating that it has installed apparatus serving your neighbour’s property without your consent, and ask for its legal basis. 

Second, ask it either to remove the cable and junction box or offer a formal wayleave, which can include an annual payment. Third, request that it makes good any damage caused when the wire fell.

If it refuses, you can complain to the Communications & Internet Services Adjudication Scheme (Cisas) or the Communications Ombudsman, and ultimately raise the matter with Ofcom. 

Importantly, do not be fobbed off. It is your land and as such you have strong rights.

Double booked... but stuck with a single 

I went on holiday alone and booked a room with a double bed. The tour company charged me a £45 ‘single supplement’. 

When I arrived, the room only had a single bed. Should the firm pay me back my £45?

P.C., Cambs.

The short answer is yes, you are entitled to get that £45 back and quite possibly a bit more besides.

The ‘single supplement’ is the charge travel companies levy when one person occupies a room designed for two. 

Effectively, you are paying to have the double bed to yourself. If the room never had a double bed in the first place, the very thing you paid the £45 for simply didn’t exist. That makes the refund claim straightforward.

When you book a holiday through a tour operator, you enter into a contract. What was promised in that contract, a room with a double bed, is what the firm is legally obliged to provide.

The Package Travel and Linked Travel Arrangements Regulations 2018 are clear: if any of the travel services included in your package are not performed in accordance with the contract, the organiser must put things right or offer you an appropriate price reduction.

On top of that, the Consumer Rights Act 2015 requires services, including accommodation provided as part of a package, to match the description given when you booked. A single bed is plainly not a double, so the firm has fallen short on both counts.

Write to the tour operator setting out what you booked and what you received, and attach your booking confirmation. Ask for the £45 back in full. 

I would also argue for a modest additional sum to reflect the loss of amenity. A single bed is less comfortable and takes up less space than the room you paid for, causing distress and inconvenience.

If the company refuses, escalate to ABTA (if it is a member) or raise a Section 75 claim with your credit card provider, assuming you paid that way.