Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 25 JULY 2023

Court Of Appeal Clears The Way For Developers: Update On Code Rights And Concurrent Leases

Herbert Smith Freehills Kramer LLP
Explore more from Herbert Smith Freehills Kramer LLP

In August 2022, the Upper Chamber of the Lands Tribunal identified a major structural defect in the Electronic Communications Code which sterilised land from development...

United KingdomReal Estate and Construction
Matthew Bonye
Matthew Bonye
Frances Edwards
Frances Edwards
Shanna Davison
Shanna Davison

In August 2022, the Upper Chamber of the Lands Tribunal identified a major structural defect in the Electronic Communications Code which sterilised land from development if there was an intermediate lease structure in place. The case was Vodafone Limited v Gencomp (No.7) Limited and A P Wireless II (UK) Limited (LC-2021-613) and you can read our blog post here for further details.

Interestingly, the Gencomp case wasn't in fact about development. Vodafone wanted to renew its Code agreement (granted in the form of a lease) and whilst the original site provider and the intermediate landlord were happy to do so, no-one could work out who should be the correct party to terminate the existing Code agreement and grant the new one.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Renters’ Rights Act Update: Key Developments For Landlords

The UK Government has unveiled the next phase of the Renters' Rights Act 2025, introducing a mandatory private rented sector database launching December 2026 and transferring rent increase dispute resolution from tribunals to the Valuation Office Agency. These reforms will fundamentally reshape compliance obligations for landlords across England, requiring registration of all rental properties with annual fees and updated enforcement mechanisms.
GlobalReal Estate and Construction
Bates Wells
Bates Wells
Article

Selling A Tenanted Property: How Ground 1A Works Under The Renters’ Rights Act

Section 21 has been abolished for new possession action from 1 May 2026, but landlords who need to sell with vacant possession still have a route. Ground 1A of the amended Housing Act 1988 allows a landlord to recover possession where a genuine sale is intended, but it comes with a four-month notice period, restrictions on reletting and remarketing, and potentially significant penalties for misuse.
United KingdomReal Estate and Construction
Barnes Law
Barnes Law
Article

The Proposed Heathrow Third Runway: What Residents Need To Know About Property Impacts, Compensation And Reform

The prospect of a third runway at Heathrow Airport has resurfaced, bringing uncertainty to communities across West London and the Thames Valley about homes, property values and future planning. This guide examines how the compensation framework operates for affected homeowners, identifies critical gaps in protection during the years between policy approval and construction, and explains why reform is needed to address the human and financial costs of prolonged infrastructure uncertainty.
United KingdomReal Estate and Construction
Hugh James
Hugh James