Telecoms

Lease renewal & rent reviews

Understanding site provider’s rights

When receiving a request for a new lease, often for a very low rent, it can be tempting to bury your head in the sand and hope the issue goes away. Unfortunately, that will do more harm than good as the Code allows telecoms operators to apply to the courts to impose an agreement on an unwilling landowner. It is important to seek professional advice at an early stage to engage with the operators and protect your position.

The question of how the new Code will affect rents for telecoms sites has been one of the hardest questions to answer. Every site is unique and so there is no ‘one size fits all’ answer, but a number of recent tribunal cases have given some indication of what the impact may be, and new cases are being decided on a regular basis.

As with any new piece of legislation, it can take many years of testing through the courts before it can be properly understood. The Code is still in the early stages of evolution, so GSC Grays are constantly reviewing the outcome of court cases and tailoring advice to suit the relevant situation and the best current understanding of the legislation. We can help you to negotiate this very complex area of law to ensure that your interests are protected.