Briefcase Quarterly Real Estate Disputes Update - September 2023

Vodafone Ltd V Potting Shed Bar & Gardens Ltd (Formerly Gencomp (No. 7) Ltd) & Ap Wireless Ii (Uk) Ltd -

A freeholder granted a lease to Vodafone allowing it to erect telecoms apparatus on the tower of its building. A few years later, the freeholder granted a concurrent leasehold interest of the building (and tower) to AP Wireless, whilst Vodafone was still in situ. When Vodafone applied to the Tribunal to renew its agreement (having served instigating notices on the freeholder and AP Wireless), it argued that only the freeholder could do so as the Code provides that only the original contracting party to the relevant Code agreement or their “successor in title” can modify, renew or terminate a Code agreement (and AP Wireless was neither an original contracting party nor the freeholder’s successor in title).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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