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ARTICLE · 24 AUGUST 2022

UK Developers Beware – Intermediate Leases Sterilise Ability To Terminate Telecoms Rights

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

The Electronic Communications Code gives telecoms operators rights to remain in situ unless Code agreements are terminated in accordance with strict provisions.

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

The Electronic Communications Code gives telecoms operators rights to remain in situ unless Code agreements are terminated in accordance with strict provisions. Developers need to plan carefully for termination and removal, but the latest decision from the Upper Chamber of the Lands Chamber has thrown another spanner in the works.

A wrong turn corrected.

In June 2022, the property industry welcomed the clarity that the Supreme Court brought to the interpretation of the new Code (Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd). The new Code came into force in December 2017, but an early wrong-turn in a couple of decisions led to a situation where operators in situ under an old Code agreement which expired before December 2017 found themselves shut of out of the provisions of the new Code.

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