Q&As

A telecommunications operator’s lease of a rooftop site was terminated on forfeiture of a headlease. The freeholder then served a paragraph 21 notice under the Electronic Communications Code, and the operator served a counter notice. The freeholder has issued possession proceedings which have been listed for hearing. The operator intends to serve a paragraph 5 notice before the hearing and seek further directions in that regard. Should the proceedings be treated as a possession claim under CPR Part 55 and accordingly does the operator need to file a defence within 14 days?

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Published on LexisPSL on 15/12/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • A telecommunications operator’s lease of a rooftop site was terminated on forfeiture of a headlease. The freeholder then served a paragraph 21 notice under the Electronic Communications Code, and the operator served a counter notice. The freeholder has issued possession proceedings which have been listed for hearing. The operator intends to serve a paragraph 5 notice before the hearing and seek further directions in that regard. Should the proceedings be treated as a possession claim under CPR Part 55 and accordingly does the operator need to file a defence within 14 days?

It is assumed that there is a headlease which has been forfeited, and that any sub-leases under this lease have also come to an end. The Electronics Communications Code (the Code) referred to is the Electronic Communications Code produced by the Law Commission in 2013.

As the Q&A notes, the operator’s lease was terminated by forfeiture and thereafter it is assumed that the freeholder requires removal of equipment which required a paragraph 21 notice to be served.

Paragraph 21 of the Code states that if there is no agreement in existence or it is shortly to come to an end, the freeholder requires an order allowing it to remove the telecommunications apparatus on the roof of the freeholder’s property.

Paragraph 5 deals with Payment for Rights under the General Regime under the Code. An operator may exercise

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