We act for landowners and occupiers who, whether intentionally or otherwise, find that they need to seek advice on the Telecoms Code because they have or want a telecoms operator as a tenant or as an occupier, may have been approached by a telecoms operator. In some cases, investors have purchased or are thinking of purchasing property for redevelopment and need advice to relocate or remove an operator and its equipment. In other cases, the owner or occupier either wishes to contract with the operator to increase its income and needs advice or they have received notice that the operator wishes to access the site for surveys and/or operate from the site.
Our team also have experience in advising two of the UK’s main telecoms operators, allowing us to provide insight to advise landowners on how such operators are likely to respond to requests to relocate or remove their equipment.
Our work includes:
- Advice on entering into or renewing Code agreements
- Drafting or negotiating wayleaves
- Drafting or negotiating leases of rooftop and greenfield sites
- Advice on access or upgrade request notices
- Providing strategy for relocation or removal of operators and equipment to allow for redevelopment
- Claims against operators for breach of lease or Code agreements
- Advice on service of Code notices or action following receipt of Code notices
- Obtaining possession and removal of equipment through the Tribunal
- Negotiating settlements
Examples of our experience
- Advising a large London property developer on its rights to terminate numerous Code agreements in respect of rooftop telecoms apparatus owned and operated by different operators located atop a large multi-let building in Wembley in order to allow the client to proceed with its proposed development plans without delay or increased costs. This included successfully defending a claim brought by one of the operators in the Tribunal and negotiating temporary relocation agreements with some of the operators so as to guarantee the client income throughout the works.
- Advising a prime Central London residential property-holding trust on its rights to temporarily relocate telecoms equipment located on its building during urgent essential maintenance works.
- Advising the directors of a family-held property company on its rights to oppose threats by a Telecoms operator to obtain access to its mixed-use premises in Portland Place for the purpose of undertaking surveys to ascertain the viability of locating electronic communications apparatus atop the building and imposing a Code agreement on the company.
- Advising a London property developer on its right to terminate a Code agreement in respect of apparatus atop a vacant commercial building in London that it was marketing for residential redevelopment and successfully defending Tribunal proceedings issued by the operator so as to permit the purchaser of the site to secure the removal of the equipment shortly after completion.
- Advising the owner of agricultural land in Hertfordshire on his rights to compel an operator to remove redundant telecoms apparatus from his land and negotiating the terms of a new Code agreement with the operator elsewhere on the property so as to ensure future income and protect the landowner’s ability to develop the land.
- Drafting and negotiating wayleaves with two separate operators to provide telecoms to a serviced office provider.
- Advising a syndicate of property investors seeking v/p of an office building for a resi conversion on the negligence of their solicitors by failing to serve the requisite Telecoms Code notices on the telecoms operator on the roof, delaying their ability to comply with a v/p condition in the j/v contract and delaying the onward development.
Related Services and Sectors
- Commercial Real Estate
- Residential Real Estate
- Real Estate Litigation
- Construction Disputes
- Real Estate Finance and Banking