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Thu 5 December 2019
Telephone mast rents – some relief for landlords
The recent judgment in CTIL v Ashloch Limited and AP Wireless II (UK) Limited has pushed back the cases under the new Communications Code (where rents as low as £50 have been imposed). Generally when a site is rented to an Operator it will be covered by both the 1954 Landlord and Tenant Act as a commercial tenancy as well as under the Code.
The judgment provides that if the mast site is let under the 1954 Act when the New Code came into force, the 1954 Act termination and renewal procedures will prevail over the new Code. In these cases it should be possible to argue for a proper rent. The 1954 Act rent review procedure requires regard must be had to all of the terms of the tenancy, including any subletting or assignment clauses (which are discounted under the Code).
If you think this might affect your mast, contact our East Grinstead Easements and Wayleaves specialist Oliver Harwood on 01342 410122 or OliverH@rhrwclutton.co.uk.