Any NBN Experts Here? What Are The Rules in This Situation?

Hello all,

Calling all NBN experts … this is not a technical query, but more a query about the rules around NBN.

I have bought a house, but not yet settled on it. NBN is not yet connected to the property, but is available for connection.

We looked into pre-ordering the NBN for when we take ownership of the property, but have discovered an order for NBN is already in place there. This is not by the current owner/resident. It is by a tenant, who also lives at the property in a studio apartment separate to the main house.

The tenant ordered the NBN, not realising she needed permission of the owner (not granted) or that it can only be connected to the main house.

Rather than cancelling the order outright, the tenant has just left it on hold. Essentially, it is in limbo. But while-ever it is not officially cancelled, this one free connection remains unavailable to anyone else - including the current owner or us (future owners). To over-ride this, we would need to request something called a "subsequent connection", for which the NBN would charge us $300 plus any extra cabling required. This is even if the first order was never enacted, (but still remains in place).

I have asked, via the real estate agent, for the tenant to cancel the order - as she can't proceed with it anyway. But alas, it is still in place. She is due to move out in a few months, so may not even live there any more - yet, if she does not cancel the NBN order, she may take our one free order with her.

I am wondering if anyone knows what our rights would be in this situation? It seems ridiculous … Surely the owner of a property should have the right to cancel a non-starter order by a tenant???

Kind regards,

Harriet

Comments

  • +2

    You will be able to over-ride her application with Proof of Ownership.
    Explain to your ISP that you have recently purchased the property and wish to over-ride any previous application.
    They will ask for proof of ownership and that information will need to be sent through to NBN for evaluation.
    Once Proof of Ownership is established, your application will be able to progress.

    • Thanks. Might need to go down this route, once settlement has happened. We are in between exchange and settlement, currently.

  • why wouldn't you just explain to the studio apartment owner to cancel it, rather than go through the REA? They're not going to bite your head off

    • We don't live there just yet. I therefore don't have easy access to the tenant; not even sure of her name.

  • -2

    The tenant ordered the NBN, not realising she needed permission of the owner (not granted)

    Consent is not required.

    that it can only be connected to the main house.

    This is incorrect.

    • The following from NBN site. It clearly states that consent is required. Also that the NBN must be in the same building as the electricity meter, which in this case is the main house.

      If you don’t own the property, you will need the consent of the owner to have an nbn connection installed. If you are not in direct contact with the owner, contact your property manager or real estate agent.

      Things to consider when choosing the location of your nbn supplied equipment:

      No more than 80cm away from a power point – the equipment will need to stay plugged in.
      A cool, dry, ventilated area (not a damp or wet area such as a kitchen, bathroom, laundry or under a window that opens).
      Away from busy areas where it could be knocked or damaged.
      Somewhere easy for you to access and check the indicator lights.
      In the same building as the main electric meter box or distribution board (i.e. not in a detached garage).

  • Tell the tenant if they do not cancel the order then you will take the $300 out of their bond.

    • That's an option, but I would rather not go that route … it could end up at Tribunal.

  • +1

    If you thought buying a new house was stressful it’s nothing compared to dealing with the NBN, terrible in my experience so good luck.
    And congrats on the house purchase

    • Ha! Yes … I am also looking into the Optus wireless broadband option. Just in case the NBN thing doesn't pan out.

  • A wonderful microcosm of Australia's broadband and housing issues.

  • Just provide her with incentive, share it with her for as little as $20 a month? Then after she has cancelled the order then whatever you do will not end up in tribunal.

    • Thanks. I have thought of that and it is a good idea. But I can't commit to that until I know whether the signal will stretch from the front of the main house all the way to the back of the property, where the studio is located.

      • If you're going down that path, set up the router with a Guest WiFi network that will be her network.
        a Mesh Wireless Network should be OK as long as you position the transmitter at a window of each place.

        It would be better for her to have her own connection though to avoid any future legal issues.
        Getting a second line costs $300 (If you're on FttN though, it will have to be a business line)

        • Thanks. Not sure if it is FttN. We have been told it is this:

          https://www.nbnco.com.au/residential/learn/network-technolog…

          Also, we have been advised it is $300 "plus cabling costs". It is that second bit that worries me, as it sounds open-ended.

          • @Harriet1968: https://forums.whirlpool.net.au/archive/2635996

            This thread answers some of your questions in the first few posts.

            $300 is what everyone pays for a new connection (just as you used to have to do with Telstra).
            The cabling costs will be pretty minimal unless you want to cable from one end of the house to the other.

        • Legal issues? I presume you mean about not providing Internet access? If we bought a wireless modem for the studio, would that do the trick? FYI, we do not always intend to rent the studio; when the tenant's lease ends (October), we will be using it for our own purposes.

          • @Harriet1968: No I'm talking about her (or a future tenant, or you) using the Internet for nefarious purposes and getting each other unnecessarily involved in legal issues as a result.

          • @Harriet1968: Is the house a sharehouse and the studio part just a room in that house that is rented out under rooming accommodation rules or is the studio self contained with its own street address?

            • @[Deactivated]: If it has its own street address then you must pay and install a separate NBN connection for that self contained unit. You can't get out of that by just providing a wireless modem unfortunately lol…

              • @[Deactivated]: It does not have its own street address. It is part of the one property, one street address only. The studio apartment is above the garage, which is separate to the main house.

                • @Harriet1968: The tenant living in there wouldn't have any sort of legal lease then? You could probably just ask them to leave as soon as you move in as the cash in hand tenancy they had with the previous owner has nothing to do with you.

        • This is the first time I have ever heard of a Mesh Wireless Network. Excuse being a Luddite, but what is this? I realise this comment relates to NBN, but could I could this be used as an add-on to a wireless broadband router, or is it in itself a router?

          • @Harriet1968: Fancy WiFi extenders that use a second WiFi channel for "backhaul" to the router.

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