Insights

Restrictive covenants on the property’s title may restrict the use of that property in certain ways, to benefit others.

Unlike normal commercial leases therefore – where ‘it takes two to tango’ –telecommunications companies can make an application to the Property Tribunal to force a lease upon the landowner.

The recent decision of EE Limited and Hutchinson 3G UK Limited v Affinity Water has signposted the way telecoms lease renewals might be decided in the years to come

There have been several significant cases since the introduction of the ‘new’ Electronic Communications Code – including a recent County Court hearing which will be of interest to those negotiating new leases.