Electronic Communications

View Property Disputes by content type:

Practice notes

Precedents

Q&As

News

Latest Property Disputes News

Lease arrears—options for landlords in Scotland

The following Property Disputes news provides comprehensive and up to date legal information on Lease arrears—options for landlords in Scotland

Alert: Business and Property Courts—official start date

The following Construction news provides comprehensive and up to date legal information on Alert: Business and Property Courts—official start date

Property Disputes weekly highlights—20 July 2017

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—20 July 2017

Minutes of the CPR Committee meeting—9 October 2020

The following Dispute Resolution news provides comprehensive and up to date legal information on Minutes of the CPR Committee meeting—9 October 2020

Featured Property Disputes content

Forfeiture of a lease

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Claims for use and occupation, mesne profits, double rent and double value

This Practice Note provides guidance on claims for ‘use and occupation’ or mesne profits, and how and when double rent or double value can be...

Specific performance of property agreements

If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance....

Section 26 notice—Tenant’s request for a new business tenancy under LTA 1954

Tenant's request for a new business tenancyThese drafting notes are for use when completing a tenant’s request for a new business tenancy under the...

Practice notes

Void contracts

When is a contract a void contract?A void contract is one that is wholly lacking in legal effect. A contract will be void where:•the parties contract...

9th Nov

Practice notes

Remedies for breach of restrictive covenants

Damages or injunction — the testThe primary remedy for breach of a restrictive covenant is a permanent injunction to restrain the breach. However, the...

9th Nov

Practice notes

Mortgagee in possession

This Practice Note covers the rights and responsibilities of a mortgagee in possession.RightsA legal mortgagee has a right to possession of the...

9th Nov

Practice notes

Successors in title—leases

The meaning of the term ‘successors in title’ will depend upon the context of the use of the term and also the drafting of the relevant lease.A...

9th Nov

Practice notes

Notice to complete

While this Practice Note primarily covers commercial property matters, it also touches on residential considerations.Time is generally not of the...

9th Nov

COVID-19

Practice notes

Discharging a charging order over land

This Practice Note sets out the procedure for discharging a charging order over property, including the removal of any notices or restrictions on...

9th Nov

Practice notes

Surrender by operation of law

A surrender by operation of law occurs when the unequivocal conduct of both parties is inconsistent with the continuation of the tenancy. This is...

9th Nov

Practice notes

Concurrent and reversionary leases

There can be only one lease at a time giving a right to possession and occupation of property. Consequently, if a landlord subsequently grants a lease...

9th Nov

Precedents

Section 146 notice where Leasehold Property (Repairs) Act 1938 applies

Notice before forfeitureCoronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and...

9th Nov

Practice notes

What happens to a lease when the tenant's liquidator disclaims?

This Practice Note covers what happens to a lease on disclaimer and the effect of disclaimer on tenants, guarantors and former tenants, applications...

9th Nov

Practice notes

Lease variations—surrender and re-grant issues

The implied or deemed surrender and re-grant of a lease arises where an agreed variation of the terms of the original lease is so fundamental that the...

9th Nov

Practice notes

Rights of light—obstruction notices

This Practice Note summarises the light obstruction notice (LON) procedure, explains the 19 years and 1 day rule and its relevance in respect of...

9th Nov

Practice notes

Trespass—remedies

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

In-house

Practice notes

Statutory compensation under the Landlord and Tenant Act 1954

Statutory compensation—which grounds are compensatable?Under section 37 of the Landlord and Tenant Act 1954 (LTA 1954), the tenant is entitled to...

9th Nov

Practice notes

Trespass—claims and defences

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

9th Nov

Practice notes

Rights of light claims

Is there an interference with the right to light?Where a right of light has been established (see Practice Note: Establishing and maintaining rights...

9th Nov

Most recent Electronic Communications content

Practice notes

New Electronic Communications Code—terminating and modifying Code rights

The new CodeThis Practice Note sets out how Code rights can be terminated or modified, the steps to be taken and provisions relating to notices. For...

15th Jan

Practice notes

Vacant possession strategy for redevelopment

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

Produced in partnership with Jill Carey of Freeths 15th Jan

Practice notes

Previous Electronic Communications Code [Archived]

ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (providing...

15th Jan

Practice notes

New Electronic Communications Code—Code rights

The new CodeThis Practice Note sets out the extent of the new Code rights, how they arise, ie by agreement made between the parties or by agreement...

15th Jan

Practice notes

The Upper Tribunal (Lands Chamber)—practice and procedure

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

15th Jan

COVID-19

Practice notes

Quick guide to where to issue common property dispute applications

Coronavirus (COVID-19): During the current pandemic, legislation and changes to practice and procedure in the courts and tribunals have been...

15th Jan

Practice notes

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

ARCHIVED: This archived Practice Note is drafted in the context of the previous/old Electronic Communications Code (the previous Code) (and highlights...

15th Jan

Practice notes

Quick guide to New Electronic Communications Code cases

This Practice Note provides a summary of the main details of cases decided under the new Electronic Communications Code, set out in Schedule 3A to the...

14th Jan

Practice notes

Funds for liabilities under the Electronic Communications Code

The Digital Economy Act 2017 (DEA 2017)Section 4 and Schedule 1 to the Digital Economy Act 2017 (DEA 2017) implemented into the Communications Act...

Produced in partnership with Purvi Parekh of Anakiya Consulting 13th Jan

Q&As

In relation to the new Electronic Communications Code, is there a benefit to using a lease, as opposed to a contractual licence or a wayleave, as the vehicle to grant code rights and document the agreement between the parties? If so, what is the basis of the tenancy created?

One perceived problem with the ‘old’ Code was that it did not readily fit with section 30(1)(f) of the Landlord and Tenant Act 1954 (LTA 1954). This...

Produced in partnership with Nic Taggart & Myriam Stacey of Landmark Chambers 8th Jan

Q&As

What form of security of tenure governs a lease with a telecommunications provider granted in 1998, which makes no reference to any telecoms code and expired in 2018? How can such a lease be terminated?

The Electronic Communications CodeIt is frequently the case that telecommunications providers will seek to enter into agreements with landowners for...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Can a landowner and operator agree the relocation of a telecom mast or must they use the statutory notice procedure (paragraphs 20 or 21 of the Telecoms Code)?

The siting, maintenance and other obligations relating to telecommunications masts are governed by the Telecommunications Act 1984 and the...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

To what extent is it possible to contract out of provisions (other than the right to assign, upgrade or share use) of the Electronic Communications Code?

The stated objectiveThe government’s stated objective was that the New Code (Part 1 of Schedule 3A to the Communications Act 2003 (CA 2003)) should...

Produced in partnership with Nic Taggart & Myriam Stacey of Landmark Chambers 8th Jan

Q&As

If there is no existing agreement and no existing mast etc, on site, can a provider force a building owner to allow access or use of its site under the new code?

The Communications Act 2003 (CA 2003) provides for a code (the Electronic Communications Code (the Code)) conferring rights on providers of electronic...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Where a landowner is required to enter into a lease for a substation on its land for the sole benefit of adjoining land, is there any requirement under electricity legislation for the network operator to be reasonable in negotiating the lease terms with my client? On what basis could my client seek redress to Ofgem if the network operator was not?

Electricity companies, in common with other utility suppliers, are under statutory obligations to provide continuity of supply. This may mean that,...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Q&As

Judges of the Upper Tribunal (Lands Chamber) (UT) can sit as County Court Judges. If a telecoms operator is required to renew their agreement via the Landlord and Tenant Act 1954 (LTA 1954) process, but they wish to have a UT judge, who is familiar with Code operators, hear the LTA 1954 renewal case with their ‘County Court’ hat on, what are the practicalities of issuing LTA 1954 proceedings in the County Court but requesting that a UT judge deals with the case? Is prior permission required?

Allocation of judiciaryPart II of the Landlord and Tenant Act 1954 (LTA 1954) sets out a procedure for tenancies which fall within that part (business...

Produced in partnership with Alexander Campbell of Field Court Chambers 8th Jan

Q&As

Where a ten-year lease of a telecommunications mast expired in 2018 and the telecommunications operator is holding over, is the current status of the lease (and any negotiation for a new lease) governed by the Landlord and Tenant Act 1954 or by the new Electronic Communications Code?

The Landlord and Tenant Act 1954Part II of the Landlord and Tenant Act 1954 (LTA 1954) regulates business tenancies. Specifically, it makes provision...

Produced in partnership with Alex Campbell of Field Court Chambers 8th Jan

Q&As

What is the status of an Operator who has remained in occupation following the expiry of an agreement under the previous Electronic Communications Code (prior to the new Code coming into force) and which was excluded from the security of tenure provisions of the Landlord and Tenant Act 1954? Should the Operator continue to pay rent based on the terms of the agreement?

Following the enactment of the Digital Economy Act 2017 (DEA 2017), the new Electronic Communications Code (the ‘new Code’) came into force on 28...

Produced in partnership with Georgia Whiting of 4 King’s Bench Walk 8th Jan

Q&As

Under the new Electronic Communications Code, following contractual expiry of a (Landlord and Tenant Act 1954 excluded) telecoms lease, would landlord break clauses have to be exercised in addition to serving an 18-month notice under Part 5?

The Digital Economy Act 2017 inserted a new schedule 3A into the Communications Act 2003. Schedule 3A is the text of a new Electronic Communications...

Produced in partnership with Alexander Campbell of Field Court Chambers 8th Jan

Q&As

The new Electronic Communication Code includes a right, at 3(h), to ‘interfering or obstructing a means of access to or from land, whether or not the electronic communications apparatus is on that land (although only if the occupier of any other land is bound by a Code right)’. Would this Code right extend to access over land which is owned by a third party? The telecommunication site is located within a compound owned by A, but access (and parking) is outside this compound on land owned by B. Can B be bound by this Code right?

The New Electronic Communications Code (the New Code) was brought into force on 28 December 2017 under the auspices of the Digital Economy Act 2017...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan