Electronic Communications

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Assured and assured shorthold tenancies—terminating

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

Arbitration—an introduction to the key features of arbitration

This Practice Note provides an introduction to arbitration and its key features, with a particular focus on arbitration under the law of England and

Assignment and succession of tenancy

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

Assured and assured shorthold tenancies—granting

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

Practice notes

Recovering rent arrears

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

12th Oct

COVID-19

In-house

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...

12th Oct

Practice notes

Dilapidations claims at the end of the term

Once a lease has ended, the landlord can no longer forfeit or rely on a Jervis v Harris clause. At that stage, damages are the only available remedy...

9th Oct

Practice notes

Periodic tenancies

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

2nd Oct

In-house

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...

30th Sep

In-house

Practice notes

LTA 1954 business lease renewal—termination

STOP PRESS: A 12-month pilot scheme where unopposed lease renewals issued in the Central London County Court (CLCC) are transferred to the First-tier...

26th Sep

COVID-19

In-house

Practice notes

Tenancy deposit schemes

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

26th Sep

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...

26th Sep

Practice notes

Claiming relief from forfeiture when breach is rent arrears

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

26th Sep

Practice notes

Dealing with goods left behind at lease end or following sale of property

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

26th Sep

Practice notes

What happens to an underlease on termination of the lease?

The general common law principle is that when a lease comes to an end any underlease automatically terminates.Consensual termination—surrender and...

26th Sep

Practice notes

Time limits and extension of statutory period under LTA 1954

Deadline for application to courtThe deadline for the landlord or tenant to make an application to the court for the grant of a new tenancy, or for...

25th Sep

Practice notes

Residential service charges—disputes and procedures

This Practice Note explains the procedure for handling some of the most common residential service charge disputes under the Landlord and Tenant Act...

25th Sep

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...

25th Sep

Practice notes

Contracting out of the Landlord and Tenant Act 1954—procedures, timing and pitfalls

Why contract out?The Landlord and Tenant Act 1954 (LTA 1954) gave tenants of business premises security of tenure—in other words, the right to stay on...

25th Sep

In-house

Practice notes

Serving notices—potential issues

This Practice Note addresses some of the common issues encountered when serving a break notice. A break notice is a contractual notice....

25th Sep

Most recent Electronic Communications content

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...

25th Sep

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...

26th Sep

Practice notes

Previous Electronic Communications Code—differences between the ‘general’ and ‘special’ regimes [Archived]

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

26th Sep

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...

26th Sep

Practice notes

Previous Electronic Communications Code—who has Code powers? [Archived]

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

26th Sep

Precedents

Precedent notices under the previous Electronic Communications Code [Archived]

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

26th Sep

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 26th Sep

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...

26th Sep

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...

27th Sep

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 28th Sep

Q&As

Does the new Electronic Communications Code govern the relationship between ‘Code operators’ and non-Code operators, who are sharing a site/apparatus? If not, what provisions will govern this relationship?

The new Electronic Communications Code (the ‘new Code’) is governed by, and set out in sections 106–119 and the new Schedule 3A Part 1 of the...

28th Sep

Q&As

Can a mast operator validly covenant not to exercise their code rights under the 1984 Act?

Schedule 2, paragraph 27(2) of the Telecommunications Act 1984 (TA 1984) prevents parties from contracting out of certain rights conferred by the...

28th Sep

Q&As

Where a telecoms operator has an agreement with a freehold owner of land to lay cables to a specific building, what consequences arise if the cables are laid on a different part of the land which is already subject to a lease and which is outside the agreed route for the cables?

Case studyA telecommunications operator (with rights under the Electronic Communications Code) has an agreement with a freeholder (A) to lay cables on...

28th Sep

Q&As

What is the definition of ‘Electronic Communications’ in the electronic communications code as set out at Schedule 2 to the Telecommunications Act 1984 as amended by Schedule 3 to the Communications Act 2003?

The expression 'electronic communications' is not defined in the otherwise quite extensive interpretation section of Schedule 2 to the...

28th Sep

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 28th Sep

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 28th Sep

Q&As

If there is a restrictive covenant on a registered title stating that the land cannot be used other than as a sports/playing field, does the new Telecoms Code override this and can the landowner be forced to grant a lease in breach of covenant?

This question raises the interplay between private law rights and obligations affecting land and the statutory rights and duties which exist between...

28th Sep

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 28th Sep

Q&As

How can a landowner terminate a lease or agreement protected under the new Electronic Communications Code? Can it claim compensation?

Where a lease or agreement is one to which the termination provisions under the new Electronic Communications Code (the new Code) apply, a site...

28th Sep

Q&As

If a site provider (who is not an operator) installs fibre optic cable over their land and grants an operator a right to use that cable only, with no other rights to install their own equipment etc, would that agreement fall outside the Code?

A Code right is defined as being a right in relation to an operator and any land, for the statutory purposes of providing an operator's network or an...

28th Sep