Promoting and enhancing best practice and technical expertise

CPO Talking Heads: May

Working with the Telecom Code

This event runs as an informal discussion with a small panel of leading and informed practitioners extracting the nuances from this months topic "Working with the Telecom Code". It will discuss practical issues that arise, with participants in the meeting being encouraged to listen, join in, ask questions and share comments.

Module Duration: 1 hour 5 minutes

Recorded: 04/05/2022

Areas covered

Please note there are no slides accompanying this recording. 

The Electronic Communications Code - enacted in 2017 - governs the relationship between landowners and operators in regards to the installation, operation and maintenance of telecommunications equipment, and sets a framework for assessing rent. It was supposed to herald a modern and effective system to facilitate the roll out of 5G through the UK, deemed vital to the UK's economic growth. However, the number of cases that have been litigated, the often-strained relationship between landowners and telecoms companies, the petitioning from both sides for further reform and the introduction of further legislation going through Parliament is a clear indication that Government intervention did not go as intended.

This is a not a blame game event, nor to pick apart the existing or future legislation. It is more about understanding the responsibilities of the agents and advisors representing both sides and to navigate the system. Whilst property disputes occur - Landlord and Tenant, Service charges, Rating and in CPO – the telecoms arena seems to be most fractious, and where disputes are most common. This event will examine the process, relationships and responsibilities and seeks to promote best and effective practical behaviours.

Understanding the relationship

  • In most L&T scenarios, the landlord wants to have someone occupy their building – the prospective tenant wants space to use. How do you deal with an unwilling participant?
  • Is there an incentive to engage - bringing the parties together to negotiate
  • Recognising and accommodating the imperative on both parties

Consideration and compensation expectations

  • How have recent Tribunal and court decisions affected the market?
  • Are there different markets for new sites, and protected/unprotected lease renewals?
  • How to deal with the border country between consideration and compensation?
  • What can be claimed as compensation, and when?
  • When does injurious affection come into play?

Can the agents and advisors assist their client and find a course of least hostility?

  • Use different language, engagement strategies
  • Template agreements
  • Management of contractors and the role of access policies

Is the Upper Tribunal the only option?

  • RICS ADR proposals

May's Talking Heads