Telecomms: Court of Appeal Upholds Upper Tribunal

The Court of Appeal has upheld the decision of the Deputy President of the Upper Tribunal in Cornerstone Telecommunications Infrastructure Ltd v Compton Beauchamp Estates Ltd [2019] UKUT (LC) in the recent case of Cornerstone Telecommunications Infrastructure v Ashloch Ltd and another [2021] EWCA Civ 90.

The Court of Appeal has determined that the Upper Tribunal has no jurisdiction under Part 4 of the Electronics Communications Code (the Code), to impose Code rights over land where an operator which is already in occupation of land under a tenancy, granted before the Code came into force. Where an electronic communications operator remains in occupation under a tenancy which is protected by the Landlord and Tenant Act 1954 (LTA 1954), the operator cannot use Part 4 of the Code to obtain a new Code agreement.

Any leases protected by LTA 1954 can only be renewed or terminated in accordance with the Act; and the operator has no entitlement to seek new Code rights.

The operator must apply to the County Court for a new tenancy under the LTA 1954 and if terms cannot be agreed between the parties, a court will determine the terms under section 35 LTA 1954. However, a telecoms lease excluded from security of tenure will be renewed in accordance with the Code.

If you have any queries in relation to telecoms issues please contact the Property Litigation team at Hamlins who will be happy to assist.