The most common enquiries we receive from landowners who have a phone mast installed on their land relate to the network operators attempting to impose new lease agreements, which contain terms which are unfavourable. Unfortunately, the revised Communications Code does allow network operators to seek new improved terms to the lease agreements they have with landowners in relation to telecoms masts. Those improved terms generally include a substantial reduction in the rent payable.
If landowners and the network operators cannot agree on new terms, the network operators invariably apply to the Lands Tribunal for terms to be imposed. Slowly but surely, the network operators are working their way through the country to update each of their leases in accordance with the rights contained in the new Communications Code. Understandably, landowners are unhappy with the new terms but there are only limited ways in which they can challenge the network operators’ rights to impose new terms.
One argument that is available is that the landowner wants to redevelop the land upon which the telecoms mast is installed. That may sound straightforward, but the networks can (and invariably do) challenge that. If the matter came before the Lands Tribunal, it would be for the landowner to prove that the intention to redevelop is ‘firm, settled, and unconditional’. It is not enough just to say that the landowner wants to redevelop because the new terms of the lease are less than satisfactory. If the landowner fails to persuade the Lands Tribunal that this test is met, they can be forced into a new, lengthy lease agreement which would force them to accommodate the telecoms mast for decades.
Thorntons’ Dispute Resolution team acts for landowners against network operators in relation the network operators’ attempts to impose new lease terms. If you are a landowner and need any advice on the options available to you surrounding a telecoms mast on your land, please get in touch with Anne Miller or Iain Buchan on 03330 430350.
