In this article we consider the working draft guidance published for arbitrators in relation to the new COVID-19 commercial rent arrears arbitration scheme, which is expected to come into force on 25 March 2022 under the...more
Summary of government’s response to the January 2021 consultation “Access to Land: changes to the Electronic Communications Code”, published on 24 November 2021 The UK government has announced plans to fine-tune the 2017...more
The Electronic Communications Code gives powers to telecoms operators to acquire rights over private land to install their apparatus for the purpose of providing their network. ...more
The Upper Tribunal has, reluctantly it is fair to say, found that telecoms operators in situ under agreements granted under the old Code but which expired before the new Code came into force have no Code protection and are...more
7/8/2020
/ Easements ,
Land Owners ,
Landlords ,
Lease Termination ,
Operators ,
Permits ,
Renewal Statutes ,
Telecommunications ,
Tenancy-At-Will ,
Tenants ,
Utilities Sector
The outbreak of the novel coronavirus COVID-19 is an ongoing epidemic that poses significant issues for businesses in affected countries. The purpose of this note is to summarize the duties of property owners in England and...more
A second case has been decided by the Court of Appeal under the 2017 Electronic Communications Code (the “Code“). The Court upheld the decision of the Upper Tribunal that an approved operator under the Code has a right to...more
The Upper Tribunal has considered for the first time the relationship between the new Electronic Communications Code and the Landlord and Tenant Act 1954, ruling that an operator in occupation under a lease protected by the...more
11/20/2019
/ Building Codes ,
Commercial Leases ,
Electronic Communications ,
Foreign Tribunals ,
Infrastructure ,
Landlord and Tenant Acts ,
Operators ,
Real Estate Market ,
Telecommunications ,
Tenure ,
UK ,
Urban Planning & Development ,
Wireless Industry
The old saying goes “if you give them an inch, they’ll take a mile”, but the Court of Appeal has reaffirmed that an independent expert appointed by parties to make a binding determination in relation to their dispute is not...more
It has been almost 18 months since the new Electronic Communications Code changed the legal landscape for telecoms operators and land owners. At its core, the Code is a framework for operators to obtain rights to install...more
7/16/2019
/ Building Codes ,
Electronic Communications ,
Landlord and Tenant Acts ,
Private Property ,
Real Estate Development ,
Redevelopment ,
Telecommunications ,
UK ,
Urban Planning & Development ,
Wireless Industry ,
Wireless Technology
Earlier this year, we blogged about the new Electronic Communications Code and the impact the changes would have for equipment installed by approved telecoms operators on private land. It has been announced today that the...more
In the sweep-up sessions just before Parliament was dissolved earlier this month, the Digital Economy Act 2017 received Royal Assent. The Act, once brought into force, includes a new Electronic Communications Code. What is it...more
The rateable value of commercial premises is generally equal to the rent payable under a hypothetical letting on the relevant assessment date. There are some express statutory assumptions for this – it is to be an annual...more