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Landlords, Tenants and Telecommunications

on Tuesday, 20 February 2018.

The Electronic Communications Code sets out rules which govern the installation and operation of telecoms equipment. A new Electronic Communications Code was introduced on 28 December 2017.

The new Code addresses one of the main criticisms of the old Code. Under the old Code, a telecoms provider could enjoy security of tenure under both the 1954 Act (as a business tenant) and under the old Code (as a telecoms provider). This dual security made it very difficult for landlords of telecoms leases to bring those leases to an end.

The new Code removes telecommunications leases (that is, leases whose primary purpose is to grant Code rights) from the protection of the 1954 Act. Instead, telecoms providers enjoy security of tenure under the new Code only.

In order to terminate a telecommunications lease granted after 28 December 2017, a landlord will need to follow the procedure set out at Part 5 of the Code. A landlord must give the telecoms provider at least 18 months' notice to quit, and then establish one of the following prescribed grounds:

  • There have been substantial breaches by the telecoms provider of its obligations under the agreement;
  • There has been persistent delay by the telecoms provider in making payments due under the agreement (e.g. rent);
  • The landlord intends to redevelop all or part of the land, or neighbouring land, and cannot reasonable do so unless the agreement is brought to an end;
  • The prejudice caused to the landlord of having the agreement in place cannot be adequately compensated by money; or
  • The prejudice caused to the landlord outweighs the public benefit of the having the agreement in place.

These grounds are significantly more limited than those available to landlords opposing lease renewals under the 1954 Act. Despite removal of the dual protection, the new Code therefore still gives significant protections to telecoms providers.

Landlords will need to bear this in mind when considering whether to grant Code rights to telecoms providers, or when planning the future use of property which is subject to a Code agreement.


If you would like to bring a telecoms lease to an end, or are thinking of granting a telecoms lease and would like to know more, then please contact our Property Litigation team on 0117 925 2020.

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