Telecoms leases—the previous Electronic Communications Code—drafting points and due diligence [Archived]
Telecoms leases—the previous Electronic Communications Code—drafting points and due diligence [Archived]

The following Property guidance note provides comprehensive and up to date legal information covering:

  • Telecoms leases—the previous Electronic Communications Code—drafting points and due diligence [Archived]
  • Paragraph 21 of the previous Code—restriction on landowner's right to require removal of apparatus at the end of the contractual term of the lease
  • Is it possible to contract out of paragraph 21 of the previous Code?
  • Paragraph 20—restriction on landowner’s right to require alteration of apparatus
  • Alienation and profit sharing
  • Alterations
  • Landlord and Tenant Act 1954
  • Landlord and Tenant Act 1987 (LTA 1987)—tenants' right of first refusal
  • Registration

ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (and highlights drafting points and due diligence where a property may be subject to telecommunications leases under the previous Code), but the contents remain relevant for the purposes of the transitional provisions set out in the new Code. It is not maintained and is for background information purposes only.

The new Code (under Schedule 3A, Part 1 to the Communications Act 2003) came into force on 28 December 2017. The transitional provisions in the new Code, set out in Schedule 2 to the Digital Economy Act 2017, provide that while subsisting agreements under the previous Code (ie an agreement under paragraph 2 or 3 or a court order granting Code rights under paragraph 5 of the previous Code) will continue to have effect as an agreement under the new Code, this is subject to modifications, including in relation to termination in respect of certain subsisting agreements. The transitional provisions also preserve the rights of the operator or landowner as appropriate to rely on provisions under the previous Code including making a paragraph 5 application for a court order for a new agreement, or using the paragraph 20 or 21 procedure for removal or alteration of apparatus. For further details of the transitional