Telecommunications

Advice for Landlords and Property Owners

The growth of mobile and digital infrastructure means telecommunications equipment is now a common feature on commercial property. Rooftop masts, antennae, cabinets and fibre installations can significantly affect the value, use and management of land.

Our Commercial Property team advises landlords, developers and property owners on all aspects of telecommunications arrangements, including lease renewals and disputes under the Electronic Communications Code.

Understanding the Electronic Communications Code

The Electronic Communications Code (contained in Schedule 3A of the Communications Act 2003) gives telecoms operators statutory rights to install and maintain electronic communications apparatus on land.

The Code can override traditional landlord and tenant principles, particularly in relation to:

Rent levels
Renewal rights
Security of tenure
Landowner control over property

This makes specialist advice essential.

Lease Renewals and Continuation of Rights

Telecommunications agreements do not always follow the usual renewal process under the Landlord and Tenant Act 1954. Whether a Code agreement can be renewed, terminated or modified depends on:

When the agreement was entered into
Whether it is a “Code agreement”
Whether the operator is already in occupation

We advise landlords on:

Whether a telecoms agreement can be terminated or renewed
Which legal regime applies (the Code or the 1954 Act)
Strategic options when an operator seeks to renew or upgrade equipment
Resisting or negotiating renewal terms where appropriate

Imposition of Code Rights

Operators may apply to the court to impose Code rights where agreement cannot be reached.

Our team assists with:

Assessing the strength of an operator’s application
Advising on statutory tests and landowner objections
Negotiating terms to limit operational and development impact
Managing risks where agreement is imposed rather than negotiated

Redevelopment and Removal of Equipment

Telecoms equipment can obstruct redevelopment or asset management plans.

We advise on:

Termination and removal of apparatus
Grounds for opposing Code rights based on redevelopment intentions
Timing and evidence required to support redevelopment objections
Coordinating telecoms issues alongside wider development strategy

Practical, Commercial Advice

We understand that telecommunications issues are not just legal—they are commercial and strategic.

Our advice is:

Clear and practical
Focused on protecting your property interests
Aligned with your wider asset management or development goals

Whether you are responding to a renewal request, dealing with an imposed Code agreement, or planning redevelopment, we can guide you through the process with confidence.