Electronic Communications

View Property Disputes by content type:

News

Practice notes

Precedents

Q&As

Latest Property Disputes News

The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

The following Banking & Finance news provides comprehensive and up to date legal information on The Law Commission’s recommendations for updating for the Land Registration Act 2002—thoughts on the government response

CPR Committee annual open meeting—14 May 2021

The following Construction news provides comprehensive and up to date legal information on CPR Committee annual open meeting—14 May 2021

Property Disputes weekly highlights—13 May 2021

The following Property Disputes news provides comprehensive and up to date legal information on Property Disputes weekly highlights—13 May 2021

Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

The following Property Disputes news provides comprehensive and up to date legal information on Refusal of consent under covenant on aesthetic grounds was reasonable (Hicks v 89 Holland Park Management Ltd)

Featured Property Disputes content

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...

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...

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...

Trespass—remedies

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

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

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

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

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

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

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

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

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

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

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

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

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

Precedents

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...

9th Nov

Practice notes

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....

9th Nov

COVID-19

Practice notes

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...

9th Nov

Practice notes

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...

9th Nov

COVID-19

In-house

Most recent Electronic Communications content

Practice notes

New Electronic Communications Code—Code rights

New Electronic Communications Code—Code rightsFORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property) Act 2021 (TI(LP)A 2021)...

14th May

Practice notes

New Electronic Communications Code—terminating and modifying Code rights

New Electronic Communications Code—terminating and modifying Code rightsFORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property)...

14th May

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...

29th Apr

Precedents

Vacant possession strategy—schedule

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

27th Apr

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 27th Apr

Practice notes

The Upper Tribunal (Lands Chamber)—practice and procedure

FORTHCOMING CHANGE: The Telecommunications Infrastructure (Leasehold Property) Act 2021 (TI(LP)A 2021) came into force on 15 March 2021 for the...

22nd Apr

COVID-19

Q&As

An operator has an agreement under the Electronic Communications Code with Landowner A (on whose land telecoms equipment is situated). Landowner B, A's neighbour, is planning to redevelop its land. The redevelopment will affect the operator's network both during and after construction. B has not served a paragraph 20 notice on the operator. What steps can the operator take to avoid interruption to its network? Can the operator claim its costs of relocation from B?

Does Landowner B have to serve a paragraph 20 notice?In the event that Landowner B needs the operator’s equipment to be physically moved from its...

20th Apr

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...

9th Apr

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 9th Apr

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...

8th Apr

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...

8th Apr

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...

8th Apr

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...

31st Mar

Q&As

Is it compulsory to renew a lease of electronic communications equipment under the Landlord and Tenant Act 1954 (LTA 1954) if it was not contracted out of LTA 1954 and continued as a statutory tenancy before the Electronic Communications Code came into effect? In those circumstances, can a landlord and tenant agree not to renew the lease under LTA 1954 and instead enter a new agreement under the Code?

A Landlord and Tenant Act 1954 (LTA 1954) lease which is continuing as a statutory continuation tenancy will be a ‘subsisting agreement’ for the...

24th Mar

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 16th Mar

Q&As

Is there a prescribed form of notice to be served by landowners on operators under paragraphs 20 and 21 of the Electronic Communications Code? Do you have any precedents?

Is there a prescribed form of notice to be served by landowners?The Electronic Communications Code (the 'Code') provides that a right to require the...

24th Feb

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?

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...

22nd Jan

Q&As

When will the new compensation regime apply in a renewal under the new Electronic Communications Code, the scenario being: 1) agreement under the previous Electronic Communications Code expires after new Electronic Communications Code comes into force (say, 1 Jan 2018); 2) code operator instigates renewal; 3) matter goes to tribunal for a decision; 4) tribunal grants a new Electronic Communications Code agreement to the code operator in the new Electronic Communications Code agreement, when will the new rent/compensation be payable from? Will it be from the date of the code operator's notice, the date of the application to the tribunal, the date of the tribunal's decision or some other date?

On 28 December 2017 Schedule 1 to the Digital Economy Act 2017 (DEA 2017) came into force, inserting the Electronic Communications Code (ECC) by way...

22nd Jan

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...

22nd 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 22nd Jan