Are you the landlord under a telecommunications mast tenancy agreement entered into before 28th December 2017?
If so, you may be interested to know that the Court of Appeal recently handed down judgment in the case of Cornerstone Telecommunications Infrastructure Ltd v Ashloch Ltd & AP Wireless II (UK) Ltd [2021] which addresses the relationship between the Electronic Communications Code (in force from 28 December 2017) and the Landlord and Tenant Act 1954.
The Court held that where an operator is in occupation by virtue of a protected tenancy under the 1954 Act, the courts have no jurisdiction to impose Code rights over land under Part 4 of the Code, nor may an operator exercise Part 5 of the Code to acquire a new tenancy. If your tenancy meets these circumstances, it may not be covered by the Code and accordingly, it may be possible for you to secure more favourable terms on a renewal.
At Gepp Solicitors we regularly advise on telecommunications mast tenancies and many other matters of concerns to rural landowners. If you would like to know more, please do not hesitate to get in touch with Edward Worthy on 01245 493939 or worthye@gepp.co.uk.
This is not legal advice; it is intended to provide information of general interest about current legal issues.
